Can You File Bankruptcy Without a Lawyer? 6 Facts About Filing on Your Own

Yes, it is legal to file for bankruptcy without an attorney. However, you must do so as an individual, and not for corporations or partnerships, which must have legal representation in order to go bankrupt. Also, if you go through bankruptcy proceedings without a lawyer, you’ll have to follow the Bankruptcy Code, the bankruptcy rules, and the court’s local rules. Sole proprietors fall into the category of individual filers.

As a sole proprietor, if you choose to file for personal bankruptcy you must use the forms for individuals, which are numbered in the 100 series. The forms associated with personal bankruptcy are distinct from those required for a business. These forms are numbered in the 200 series and cover bankruptcy for corporations, LLCs or partnerships.

It is important to note that as an individual, if you choose to file without an attorney, you are going through the legal process on your own. You need to familiarize yourself with the legal requirements, and you’ll be responsible for the entire process.

Cannot Give You Legal Advice

No form of legal advice or legal consultation should be expected from the judge or the clerk’s office. They are not permitted to do so. That means they can’t tell you whether or not you should file for bankruptcy, or which kind of bankruptcy you should file, or what a rule means. In case you have any questions or concerns regarding the legal proceedings, it is advisable to seek the services of a bankruptcy attorney. A lawyer can talk to you about your choices and what can happen if you file for bankruptcy. They can get the paperwork ready for you and help you through the whole process. You can find a lawyer through a local bar association. If you can’t afford one, Legal Aid might be able to help.

In some cases, people might offer to help fill out the forms for a fee. These people are called bankruptcy petition preparers. They cannot give you legal advice. A preparer can’t tell you what chapter to choose or whether your debt will be discharged. They can only help you fill out the paperwork, which is the forms you need to file. The preparer cannot help you in court. They must sign and fill out their name, address, and Social Security number on the forms. They must give you copies of everything they fill out. They cannot sign for you and they cannot take the court fees. You must disclose that you are using a preparer.

Credit Counseling Course

Before you file, you must complete an approved credit counseling course. A list of agencies that offer these courses can be obtained from the U.S. Trustee. With rare exceptions, the course must be completed within the 180 days before filing. The certificate must be filed in the case. If you skip it, your case may be dismissed, your fee will not be refunded, and your debt will not be wiped out.

Once the case is filed, you must complete a debtor education course. Similar to the credit counseling course, a list of approved providers is available from the U.S. Trustee. With limited exceptions, if you do not complete it, your bankruptcy will not discharge your debt.

Official Forms

To file, you must fill out standard forms from uscourts.gov, which vary by bankruptcy chapter. These forms are called “Official Forms.” Each chapter of bankruptcy has its own checklist that lists the forms required for filing. The U.S. Trustee has guidance about the Means Test. You can also use the court’s online eSR program to file a Chapter 7 or 13 bankruptcy petition. It asks you questions, uses your answers to fill in the forms, lets you view the completed forms, and then submit them electronically. The court may require additional documents. These might include a Statement of Related Cases, a list of all your creditors with addresses, a verified list of creditors, and a Chapter 13 Plan if your case is Chapter 13. Check the court’s local rules to see if any additional documents are needed.

The chapter you file under also matters because there is a limit on the amount of debt you can have in chapter 13. You can’t owe more than $526,700 in unsecured debt. Subchapter V is a simpler version of Chapter 11 that was created for small businesses. The small business Subchapter V of Chapter 11 limit is $3,424,000.

The fee for a Chapter 7 is $338, a Chapter 11 is $1,738, and a Chapter 13 is $313. You may ask for the filing fee to be waived in a Chapter 7 case, but you must be living below 150% of the poverty line and can’t even afford to pay the fee over time. If you’re in this situation, ask the court for a waiver when you file. If you can’t pay right away but could pay over time, you can ask the court for permission to pay in installments. They cannot let you pay in more than 4 installments.

If you file on your own, utilizing the ‘filing without an attorney’ guides provided by the federal courts is advisable. If your business is a corporation, LLC, or partnership, it is imperative to hire an attorney.