Bankruptcy Pro Bono Programs in Colorado
| Publication year | 2023 |
| Pages | 08 |
January, 2023
Access to Justice
by Jamie Buechler
the Colorado Rules of Professional Conduct, every lawyer has a professional responsibility to provide legal services to those unable to pay and should aspire to provide 50 hours of pro bono service per year.[1] One way a lawyer can fulfill this responsibility is by providing much-needed pro bono assistance in bankruptcy matters.
People facing bankruptcy are often underserved due to the complexity of the bankruptcy process and the cost of retaining an experienced bankruptcy lawyer. In 2021, there were 8,512 chapter 7 bankruptcy cases and 2,463 chapter 13 cases filed in Colorado.[2] In addition, there were 385 adversary proceedings.[3] And from January 2022 through November 2022, nearly 10% of all bankruptcy cases in Colorado were filed pro se.[4]
Colorado lawyers who want to assist in this area should consider volunteering with one or more of the following programs: (1) the Faculty of Federal Advocates' (FFA) Bankruptcy Pro Bono Program, which provides free legal representation in certain types of adversary proceedings; (2) the CBA's Pro Se Bankruptcy Clinic, which provides free legal advice to individuals seeking to file chapter 7 or chapter 13 bankruptcy cases; and (3) the FFA's Bankruptcy Mediator Panel, which offers free mediation services for various contested bankruptcy proceedings. These programs are discussed below.
Bankruptcy Pro Bono Program
The FFA's Bankruptcy Pro Bono Program provides free legal services to qualified, indigent debtors who are defendants in adversary proceedings brought exclusively under 11 USC §§ 523 and 727 of the Bankruptcy Code.[5] Under § 523, the court determines whether a particular debt is discharged. Under § 727, the court decides whether a particular debtor is entitled to a discharge of all debts.[6] Because adversary proceedings are separate lawsuits filed in connection with bankruptcy proceedings, they are not typically included within the scope of representation to prepare and file a bankruptcy case. This leaves many debtors to handle these complex issues without an attorney.
To qualify for assistance under the Bankruptcy Pro Bono Program, debtors must meet certain income and asset levels based on the size of the family unit.[7] Eligible debtors are then paired with an experienced attorney for representation. Less-experienced attorneys or law students who desire to learn civil litigation will be paired with a senior attorney to represent the debtor. This mentoring increases the quality of the legal services for the debtor and provides the attorneys with practical bankruptcy experience.
While attorney...
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