Can I really file bankruptcy without a lawyer? 32 Answers as of July 30, 2011

In short, online bankruptcy preparation services are scams. They cannot provide you legal advice and without legal advice you cannot ensure that your situation is being addressed properly. You also will be left on your own for the meeting with the Trustee and any other issues that arise. Finally, you will have no one you can go to or lodge a complaint against if you have any problems because you are dealing with someone in another state or country. If you decide to have your paperwork put together in this manner, make sure you read it carefully, that you review your state laws and the bnakruptcy code to determine that all of the exemptions are properly claimed and that all of the property you wish to keep is claimed as exempt, and closely read everything you receive from the Court. You will be responsible for acting just like an attorney. The form prep place cannot give legal advice or answer legal questions, so you must be prepared to act just as an attorney would.

Yes, it is legal for a person to file their own bankruptcy without a bankruptcy lawyer in Colorado. Just contact the Colorado bankruptcy court's website and download the forms for free. The Colorado bankrupty court also has staff which assist debtors in preparing the paperwork and creditor matrix necessary to file the bankruptcy, but they don't give legal advice. Chapter 13 bankruptcy is almost impossible to file (and succeed) without the assistance of an attorney, but it is possible to file & successfully complete a simple chapter 7 bankruptcy without a bankruptcy attorney. The key word here is "simple". The only way to Know if a case is simple is to talk to a bankruptcy attorney and ask the right questions. If you attempt to answer and complete the bankruptcy forms and don't have a clue, then hire an attorney. The forms don't tell you how to classify the debts and howto choose your bankrupty exemptions, so you need to do some research. There are many Bankruptcy Petition Preparers in Colorado, they are cheap (can't charge over $200), totally unregulated, and unfortunately almost always practice law without a license. Debtors without attorneys tend to lose more assets, reaffirm debts that they probably shouldn't and must attend the meeting of creditors without representation. Is it wise to file bankruptcy without an attorney? In most cases, it is probably not. Unless you are willing to do your homework (such as getting a "How to" publication, such as "How to File for Chapter 7 bankruptcy" by Nolo Press, then hire an experienced bankruptcy specialist (over 10 years bankruptcy experience, thousands of cases filed).

You can file bankruptcy by yourself. There are bankruptcy kits available at office supply stores, which cost about $30.00. Remember the old adage "that a person who represents himself has a fool for a lawyer"? There is some truth to that statement. I do not recommend that you file by yourself. You could lose valuable property or rights if you don't know what to do or not do. The more assets you have to lose in a botched bankruptcy, the more it is worth your while to pay a lawyer to protect them in a bankruptcy proceeding. While Chapter 7 is easier than Chapter 13, even in Chapter 7, there can be legal problems you won't know how to handle. It's always best to consult an experienced attorney. Very few people have successfully completed a Chapter 7 case without an attorney. I recommend that you consult a lawyer, get an overview of your situation and any issues that are presented in your case. Most bankruptcy attorneys offer free initial consultations or at a reduced cost of their hourly rate.

Let me put it this way: I have been filing bankruptcy cases for over a decade and I would never do my own bankruptcy. This is one of the biggest financial transactions you will likely enter. Probably not such a great time to just give it a whirl and see how it turns out.

It is possible to file bankruptcy without the services of a lawyer but not advisable. Most document preparation companies are not law firms and cannot legally represent you in bankruptcy court.

Could be. If they are just a typing service they can't give you legal advice, and who is going to step up to the plate if there is a problem?

Go to the U.S. Bankruptcy Court web site. There you can obtain all the necessary forms and instructions.

Yes you can. Bankruptcy law is complicated and do not advice to do it without a lawyer. Most lawyers will work with you on a payment plan for their fees

Yes, you can really file bankruptcy without a lawyer. However, in my opinion, it is not advisable. Most anyone can fill out the schedules where you list your name, address, and debts incurred. However, without professional experience, the non lawyer would not have knowledge of, among other things, exemptions, preferential payments, and transfers. Therefore, it is best to consult a professional.

You can, but you may want to check answers to prior questions here where doing it yourself has caused people to lose assets to trustees since they didn't understand the law and these form preparation services are not permitted to give legal advice, nor represent you at the hearing with the trustee.