Can I Claim Bankruptcy Without a Lawyer?
- If you decide to file bankruptcy on your own and represent yourself, the court considers you "pro se." Representing yourself pro se requires you to follow all rules that the court imposes on lawyers, as if you were a lawyer, throughout proceedings which frequently take months. Court requirements are technical; documents must be filed on or by a specific date, must be in the correct order and format and must be accompanied by the designated paperwork. If you do not submit a document or follow the correct format, the proceedings can be stopped or canceled.
- Representing yourself will not affect which chapter you file. Chapter 7 allows you to clear many of your debts, but you must meet income and resource requirements for your state and have no ability to pay back the debts. Debts that cannot be cleared under Chapter 7 include tax debts, federal student loans, child support, alimony, spousal support, DUI or personal injury judgments, criminal fines and any debts that you do not declare on your bankruptcy paperwork or that creditors deem fraudulent. Those with resources and the ability to handle a repayment plan file under Chapter 13.
- Regardless of whether you decide to represent yourself, you must comply with all court requirements of individuals filing for bankruptcy. The specifics of bankruptcy law and proceedings vary among states, but most require individuals in bankruptcy to take credit counseling and money management classes, providing proof of completion as required.
- The U.S. Courts offers information on their website and in print publications about filing for bankruptcy without the help of a lawyer. The courts provide this information with the awareness that some individuals will attempt pro se filing anyway and that persons with some degree of legal training may be able to represent themselves successfully. The website repeatedly recommends, however, that individuals hire a competent bankruptcy lawyer and warns that penalties for mistakes made by pro se filers are the same as penalties for lawyers, even including case dismissal.
Pro Se Filing
Bankruptcy Chapters
Other Requirements
Warning
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