Can I File Bankruptcy Without an Attorney?

Bankruptcy filing without an attorney requires considerable document gathering.

As in most legal proceedings, it is possible for someone considering bankruptcy to file a petition with the U.S. Bankruptcy Court without having a lawyer represent them.

While there are do-it-yourself kits outlining the documents and procedures needed to file bankruptcy, many experts point out the potential loss that may ensue when an individual undertakes such a serious proceeding.

"You could lose valuable property or rights if you don't know what to do or not do," states LawHelp.org. "The people at the bankruptcy court are not allowed to advise or help you with your case."

The obvious benefit of filing bankruptcy without an attorney is the lower cost. According to the U.S. Courts website, a fee of $299 is charged to file a Chapter 7 Bankruptcy, the most common form of personal bankruptcy. The charge to file a Chapter 13 case is $274. Generally, lawyers' fees for personal bankruptcy cases can range from $1,000 to $2,500, in addition to court fees.

LawHelp.org notes that Chapter 7 is usually easier for an individual to handle without a lawyer's guidance. Chapter 13 requires the debtor to pay back creditors through a court-order repayment plan over several years.

In both types of bankruptcy, the debtor must gather a large number of documents, such as credit card statements, mortgage papers, proof of income from all sources, car loan payments, medical bills -- whatever documents outline their financial situation and status of their property and other assets.

According to Mortgage101.com, the list of creditors must include each creditor's name, contact information, the account number and the balance that is owed. In addition, the debtor should compile a list of expenses including day-to-day costs of their household, daycare, utilities and other housing costs.

Bankruptcy forms and instructions can be obtained online or through the nearest federal court. "The instructions will tell you what can be included in the bankruptcy, what items are exempt, and any additional information that may need to be provided," states the website. "Make sure that paperwork has all signatures and any acknowledgments, if necessary. Upon completion of the forms, you should make two copies of the paperwork for your files."

Debtors who file on their own must also complete a credit management course - usually in two installments which cost about $30 each - as part of the bankruptcy process. They must also attend the 341 meeting before a bankruptcy trustee in court.

References:
http://www.lawhelp.org/documents/74261bankruptcy.html?stateabbrev=/az/
http://www.bankruptcyaction.com/questions.htm#p
http://www.mortgage101.com/article/how-file-bankruptcy-yourself-save-money
http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/BankruptcyFilingFees.aspx

Get Answers to your Bankruptcy Questions!

Contact a Local Bankruptcy Attorney and get answers to your questions today! It's Free and there is no obligation. Complete the Free Case Evaluation form below and a bankruptcy attorney will call you right away to discuss your case.

Bankruptcy FAQs