Can you file for bankruptcy yourself? 29 Answers as of August 29, 2011

You can file for bankruptcy without an attorney. However, the old adage that someone who represents himself in court has a fool for a client applies double to a person with no training who decides he is going to handle his legal matters on his own. If you are very careful, diligent, and lucky, you might be able to get a Chapter 7 case filed and prosecuted without causing yourself too much diffificulty. On the other hand, you might end up regretting it. The main risks of representing yourself in your bankruptcy case include failing to get a discharge of some or all of your debts because everything is not done correctly or losing property that you might have been able to protect if you understood the rules. If you want to represent yourself, you need to spend time getting familiar with the bankruptcy code and the rules of bankruptcy procedure so that you know everything pertinent to your case. You also may draw adversary complaints (lawsuits within the bankruptcy case) objecting to the discharge of dates if you have given them cause. Defending these types of actions can be very costly and result in an incomplete discharge of debts. If you are getting rid of $20,000 or more in unsecured debt, the cost of having an experienced attorney help you do it right is one of the best bargains there is. If you chose to be your own client, study hard and good luck to you.

Hard question. Do you have a day job? Lots of spare time? Figuring out how to do a bankruptcy for yourself is like having a full time job. Most attorneys avoid this work because it's detail oriented and the consquences of a mistake are severe. You can lose property by failing to list it properly and exempt it correctly. Friends and relatives that you have made transfers to in the last 4 years can have property taken from them. And it's tough work. In Cleveland, the Court has a Monday morning help session for people who doing their own bankruptcies and got into problems. I walked by that line of woeful people one Monday morning and felt very bad for them. The idea is that you are supposed to stop paying your creditors and pay your attorney instead. The Court really appreciates it when you have a lawyer do it right the first time. If you really have no assets and no job, then you probably do not need the protection of the Bankruptcy Court. Good luck.

It's possible, but it's a complex process. You would be I'll advised to try it by yourself. There are too many pitfalls for the unwary to list here.

The simple answer is yes, you can file bankruptcy yourself, or "pro se" as it is known in the legal field. If you simply have a few creditors and no assets whatsoever, and you are pretty bright and diligent, then you might consider a pro se filing. However, know that you will be held to the same standard as a bankruptcy lawyer, and if you make what might be perceived as a simple mistake, it may end up really costing you. Bankruptcy is a very complex area of law, and there are a lot of pitfalls out there, if you don't truly understand concepts such as exemptions, preference payments, fraudulent transfers & the Means Test. Thus, I highly recommend you start putting money aside and save up to hire a bankruptcy attorney. If you are determined to go it alone, then don't do so without having a really good book as a guide, such as the ones that NOLO puts out.

Yes you are allowed to file bankruptcy by yourself, but it's never advisable. Do you want to risk losing your assets? Not getting a discharge of your debts? The list of risks is very long and cannot be listed here because there are literally hundreds of things that can go wrong in any given bankruptcy case, and a lot has to do with pre-bankruptcy planning as well.

It's so risky that even a lawyer who doesn't ordinarily file bankruptcies should file one. You could lose assets, have your petition dismissed or your discharge denied, or you could go to prison.

Yes, you can file a bankruptcy case without a lawyer. I have practiced bankruptcy for 25 years and I wouldn't file my own case. There are too many traps and problems for someone to handle at such an emotional time. I strongly believe in the old saying that "A lawyer who represents himself, has a fool for a client." Bankruptcy is a very specialized form of practice. There are possible civil and criminal penalties for errors made in bankruptcy. If you want to take those risks you are free to do so, but I don't believe you could find a bankruptcy judge in this country that would advise you to file your own case.

Never file bankruptcy pro se. There are simply way too many pitfalls. It is far more than paperwork, although even that is daunting. Do you completely understand the means test? Do you know the best way to arrange exemptions to not lose assets? Do you know which day of the month, depending on your payday and bills, that will be best to file? After you file, do you know how to deal with a motion to lift stay, an objection to dischargeability, a 703 objection, a trustee audit, or negotiating a reaffirmation? Do you even know what chapter you are actually eligible to file? Do you know the particular idiosyncracies of the different trustees and judges? Do you know how to e-file an emergency motion (are you even eligible to do it?) A mistake can cost you assets, money, or even cause a denial of discharge (or if serious can land you in prison). The $950 or so you may spend (I base that on my average fee, others may be different) is money very well spent.

Filing on your own means you will probably make mistakes. The question is how serious your mistakes will be. If they are serious mistakes then you could lose property, your debts could be determined not dischargeable forever, your case could be dismissed, etc. You need to buy a book on do-it-yourself bankruptcy and read it cover to cover and then read all the forms and instructions and make sure you understand them and then you can minimize the errors as much as possible. If this is worth it to your then go for it and take the risk.

You can file without assistance of legal counsel but I do not recommend it. If it is a matter of not being able to afford the fee then I recommend seeking assistance through the Legal Aid Center in your area.

When you represent yourself in bankruptcy you are responsible for filing all necessary paperwork with the court. You also must cooperate with the trustee's requests for documents or other things. You might want to consult with a self-help book on bankruptcy. Nolo Press publishes one for about $40.

You're going to do this once, and its really important. Hire a bankruptcy attorney. That way, nothing will go wrong, and if it did, you'd have some recourse. If I gave you your own equipment, would you do your own dentistry? This is the same thing.

You should not file bankruptcy pro se. There are so many issues and rules involved that it would not be possible to enumerate them all in this e-mail. There is no substitute for a good bankruptcy attorney.

There is no simple way of answering your question - to answer it would be the equivalent of regurgitating all applicable bankruptcy law. For starters, make sure that all your creditors are listed and included in the creditors' matrix. Any one that you miss will jeopardize your discharge of that particular debt. Make sure to list all the law suits you have against you, in the past year and in the present time. If garnishment started against you, make sure you file a suggestion of bankruptcy to appropriate tribunals and notify relevant parties to stop it. Make sure to declare all your assets, and list the exemption statutes properly. Make sure you know how to calculate your disposable income if you're borderline chapter 7/chapter 13, or if you need a chapter 13. There's simply too much to list. Bust most importantly, make sure you know what the exemptions are. Just be aware that if you're not familiar with the law, you really shouldn't file on your own, especially if it's a Chapter 13, over 90% of pro se cases end up being dismissed. If you do not have the resources to hire an attorney, try contacting your local legal aid and see if you qualify for a bro bono case.

The same that you would have performing surgery on yourself. To advise you on what to look for would require that I give you the legal education in bankruptcy that I spent 34 years obtaining and thousands of dollars that I paid for and then I could be sued for your misinterpretation of the advice I gave you.

Bankruptcy is a federal law and legal process. Thus, if you don't want to make any mistakes, then hire an attorney. Otherwise, you are bound to make mistakes.

Your question asks for legal advice. How about getting an attorney to handle your bankruptcy. There are lots of mistakes pro per filers make. Often, they screw up and have to pay more to an attorney to fix a mess that could have been avoided had they hired an attorney in the beginning. The risks include losing exempt property or dismissal with prejudice of your case - no discharge and still owe your debts. There is the possibility for fraud charges if you commit fraud which entails a lot of things. There are so many ways for your bankruptcy to go wrong.

Yes you certainly can file for yourself. It is a very long petition (35-40 pages average) and there are a number of rules you must follow. You will have to send a copy of your taxes to the trustee once one is appointed and you have to come to the meeting with a drivers license, social security card, pay check stub right after filing and bank statement for the date of filing. You will have to fill out one or more forms for the Trustee at the meeting as well. Many have done it without an attorney before. Make sure you list all assets and all creditors.

Bankruptcy is a complicated area of law and unless you have absolutely no assets, I would not recommend filing without an attorney. There are too many pitfalls to even begin to list them all, the most serious of which is losing your property to pay your creditors.