Can I file bankruptcy without an attorney?
What is bankruptcy? Bankruptcy is a legal proceeding that allows a person who cannot pay his or her bills to get a fresh financial start. Bankruptcy falls under Federal Law and all bankruptcy cases are handled in Federal Court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you. If a debt is secured by property you wish to keep, such as a house or car, you must continue to pay that debt. What can bankruptcy do for me? Bankruptcy may make it possible for you to: Eliminate the legal obligation to pay most or all of your debts. This is called a discharge of debts. It is designed to give you a fresh financial start. Stop foreclosure on your house and/or allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.) Prevent repossession of a car or other property. Stop wage garnishment, debt collection harassment, release a frozen bank a
Although it may be possible for some people to file a bankruptcy case without an attorney, it is not a step to be taken lightly. The process is difficult and you may lose property or other rights if you do not know the law. It takes patience and careful preparation. Chapter 7 (straight bankruptcy) cases are somewhat easier. Very few people have been able to successfully file chapter 13 (reorganization) cases on their own.
Not a good idea. Bankruptcy is complicated and if you don’t do the paperwork properly, your case will be dismissed. Many lawyers stopped doing bankruptcies when the rules became more complicated.
There is an old adage: “he who represents himself has a fool for a lawyer.” Bankruptcy law is complex. The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) muddied the waters even further by adding a complicated “means test” aimed at discouraging consumers from filing chapter 7. Filing for bankruptcy is a powerful tool available to the consumer. While it is possible to file bankruptcy without an attorney, solid legal representation will allow you to maximize the protections of the bankruptcy laws.
