Central District of California - 2012 Pro Se Annual Report

Burden on Court Staff

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Another conclusion that can be drawn from this more detailed understanding of the pro se numbers is that the disclosed BPP cases are less burdensome for Court intake staff. Incomplete filings are a lot of work for Clerk’s Office staff, because they have to be monitored and managed, and are a key indicator of the likely dismissal of a case. These cases simply stall creditors, trigger the filing of relief from stay motions, cause staff to review motions to extend time, and eventually obtain no discharge. A comparison of dismissal rates for incomplete filings with BPPs and attorneys is detailed in Figure 11 below.

Dismissal Rates for Incomplete Filings

It is no surprise that the attorney cases, at 4.9 percent and largely electronically filed, result in the least amount of work for the Intake staff. What is somewhat of a surprise is that only 11 percent of the disclosed BPP cases were incomplete when filed. This is a significant difference from the incomplete rate of 30.34 percent among pro se cases overall. Most of the disclosed BPPs appear to use case preparation software that completes the forms and tends to ensure that all required forms are included.

The distinctions between the disclosed BPP cases and those in the Debtor ID Program confirm what experience has also shown -- the cases with undisclosed compensation provide the greatest number of fraudulent or abusive cases. A possible explanation is that where a BPP has disclosed involvement, he or she may have greater awareness of bankruptcy requirements. Presumably, those willing to disclose are also less likely to be involved in a fraud scheme unlike those filing bankruptcies without disclosure as part of an abusive scheme.

  1. Debtor ID Program
  2. Bankruptcy Petition Preparer (BPP) Tracking
  3. Chapter 7 Success
  4. Chapter 13 Failure
  5. Burden on Court Staff
  6. Fraud and Abuse
  7. Language Barriers
  8. Professional Involvement in “Pro Se” Fraud Cases