10/02/2025
You are likely accustomed to receiving communication from a pro se debtor following a bankruptcy filing. Bankruptcy is a structured process that can be difficult for a novice. This includes notices that arrive, the automatic stay, and you direct all future communication from and to a creditor and attorney.
"Pro se" is Latin for "on one's own behalf." In the context of bankruptcy, it means the individual debtor is navigating the highly complex federal court process without legal representation.
While debtors have every right to represent themselves, the legal landscape of bankruptcy is notoriously difficult. These individuals often lack a full understanding of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the function of the automatic stay. This gap in knowledge is often the root cause of the direct contact you receive.
If a debtor is represented by counsel, the automatic stay and professional ethics dictate that all contact must go through the attorney. However, when a debtor is pro se, their call to you might stem from a few common misunderstandings, such as confusion about the automatic stay.
A creditor might be calling to confirm an account balance, inquire about a secured asset (like a car or house), or try to negotiate a reaffirmation agreement or plan payment—tasks their attorney would typically handle. Normally, the creditor might call the debtor's attorney, but in this instance there is no debtor's attorney.
Filing for bankruptcy is stressful. A pro se debtor is navigating this stress alone and may simply be seeking reassurance or trying to "speed up" a process that feels slow and uncertain.
For both the pre se debtor and creditor the primary goal is to remain compliant with the automatic stay while gathering the essential information you need to update your records. Here are a few professional guidelines:
Confirm the bankruptcy filing first.
Respect the automatic stay.
State your position, and do not be rude.
Terminate the call.
Maintain a meticulous record of the phone call.
The Bottom Line is to protect yourself when contacting or being contacted by a pro se debtor.
While dealing with a pro se debtor can be less straightforward than dealing with counsel, remember your legal obligations remain the same. The automatic stay is a powerful injunction.