Did you know that bankruptcy lawyers aren't mandatory when declaring Chapter 7 or Chapter 11 Bankruptcy? Believe it or not, you don't need an attorney to file for bankruptcy in the United States if you don't want to hire one.
Bankruptcy is a legal process that provides proper legal protection from creditors and can help you restructure your financial life when you're overwhelmed by debt. This can be especially beneficial if a significant portion of the debt load you're carrying is at a high interest rate.
There is no legal requirement to use an attorney to file for bankruptcy, although declaring bankruptcy is a serious step that can easily warrant professional assistance. If you would prefer to file for bankruptcy without a lawyer for personal or tactical reasons, this page will help you to get started. Read on to learn how to file for bankruptcy without a lawyer.
Can You File Bankruptcy Without a Lawyer?
This video provides insight from an attorney on whether or not you can file for bankruptcy without an attorney. The lawyer on the video explains that while you can file without an attorney, the area of bankruptcy law is very complex, and you run the risk of making a serious error that could invalidate the bankruptcy settlement, if you don't work with an experienced bankruptcy attorney.
Step 1: Gather the Information You'll Need to File for Bankruptcy
Before beginning the process, you'll want to make sure you have a detailed list of both your assets and your debts.
- Document your debts by listing the name, address, and phone number of each creditor, the balance due, interest rate, and minimum monthly payment. Make a copy of the last statement you've received for each one. You'll also want to make a copy of any correspondence you've received from your creditors.
- List all of your assets, with detailed descriptions, values, and copies of any supporting documentation.
- If you've moved in the past 180 days, you'll need documentation of the dates you lived at each address. You will file for bankruptcy in the county in which you are currently living, or, if you have been there less than 90 days, the county that you lived in the longest during the past six months.
Step 2: Complete Credit Counseling Before Filing for Bankruptcy
One of the documents you'll need to present to the court as part of your bankruptcy filing is a certificate proving that you completed credit counseling with an agency approved by the United States Bankruptcy Trustee's office. The counseling needs to be completed before filing, and you'll need to present any repayment plan they suggested, as well as follow up with financial management counseling after the case is completed.
Step 3: Determine Whether Chapter 7 or Chapter 13 is Right for Your Bankruptcy
There are two forms of bankruptcy protection available to consumers, and each has specific criteria that is used to determine whether or not you are eligible. Chapter 7 entails liquidating your assets and distributing the proceeds to your creditors, who then forgive the remaining debt. If you don't qualify for Chapter 7 bankruptcy, you may still be able to file under Chapter 13, which, while it doesn't forgive your debts, creates a revised payment schedule to restructure your debts. Your creditors are required to accept the schedule after it is approved by the court.
Bankruptcy Exempt Assets Election
- Some states allow you to select between alternative rules for determining which assets are exempt from bankruptcy. As the different alternatives can drastically affect your financial position, if you are filing Chapter 7 bankruptcy and you live in a state that has alternative exempt asset schedules to choose between, you might benefit from the advice of an experienced bankruptcy attorney.
Step 4: Should You Use a Bankruptcy Petition Preparer?
Bankruptcy petition preparers are not attorneys and cannot give you legal advice about your bankruptcy. They charge from $150-$250 just to fill in the forms and type your petition. You will still be liable for complying with the law, so it probably makes more sense for you to fill them in yourself, using a step by step guide. If you find the process too complicated, then you probably do need to hire a bankruptcy attorney.
Disclaimer
The content in this page is not a substitute for professional financial or legal advice. Please contact your financial adviser and attorney before using the information presented here.
