QUESTION
Can I file bankruptcy without an attorney?
Asked on Dec 13th, 2011 on Bankruptcy - Colorado
More details to this question:
I am considering bankruptcy, but don't have the cash to hire a lawyer. Can I file by myself?
14 ANSWERS
It is not advisable to try to file bankruptcy without a lawyer. It is very technical and easy to lose money and property if you don't know what you are doing. Generally, most people can afford a lawyer with cutting back on spending and saving money over time.
Answered on Dec 19th, 2011 at 11:15 AM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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Recognize the answerer's bias, yet the most seasoned auto-didact may steer off a cliff with resulting irreversible injury (not the reversible Wile E. Coyote-type, alas). Bankruptcy is a highly specialized field that shouldn't be tackled by pro pers or non-bankruptcy attorneys. Even attorneys fallen on hard times wouldn't reasonably file on their own behalves and go at it alone, no more than a person (save Rambo, perhaps) would cut his own skin to extract a bullet. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers.
Answered on Dec 16th, 2011 at 1:44 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes, but it is ill advised. Most attys will give you some time to pay before filing or you could file a Chapter 13 and pay the bulk of the fees through the plan.
Answered on Dec 16th, 2011 at 10:01 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You are eligible to file bankruptcy without an attorney. However, it is wise to consult an attorney as to whether your paperwork is in order prior to filing the case.
Answered on Dec 15th, 2011 at 11:11 PM
Bankruptcy Attorney serving Columbus, OH
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Athena Legal, LLC
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Yes, you can file without an attorney but if it doesn't go well it will cost much more to "fix" it. You pay for the skill and knowledge an attorney has to maximize the benefit of a bankruptcy as well as minimize the harm. Most attorneys offer payment plans to make it more affordable.
Answered on Dec 15th, 2011 at 5:02 PM
The simple answer is yes, you can file for bankruptcy without retaining a lawyer. You should be able to obtain the court forms from the District Court website in your jurisdiction. There are paralegal services that can assist you in completing the forms. However, it is often prudent to retain an experienced bankruptcy attorney to assist you as the process can be confusing and risky if not done properly. It is important to understand the rules, exemptions, and the various deadlines in order to avoid potential pitfalls. Retaining an attorney can provide much needed peace-of-mind. *Disclaimer:* This message is for informational purposes only and is not intended to be construed as legal advice. An attorney/client relationship is not formed by the contents of this message. Always seek the advice of local legal counsel when contemplating legal decisions. My license to practice law is limited to the states of New York and New Jersey.
Answered on Dec 15th, 2011 at 11:35 AM
Bankruptcy Attorney serving Atlanta, GA
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Jakob-Barnes Law Firm, LLC
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You are allowed to represent yourself in a bankruptcy. I would suggest hiring an attorney. When you represent yourself, you are expected to know the law and the procedure of the bankruptcy. If you make mistakes, you could end up spending more money fixing them.
Answered on Dec 15th, 2011 at 10:02 AM
The answer is yes you can. However, there are many different areas of the bankruptcy laws that you will have to familiarize yourself with first. These areas can hurt your chances of having a discharge of your debt and if not followed correctly could lead to criminal charges for filing a petition with false information. While I recommend you hire an attorney, it is possible to file a bankruptcy without an attorney.
Answered on Dec 15th, 2011 at 9:29 AM
Glen Edward Ashman
While legally you can, don't. Pro se bankruptcies tend to be disasters. Fixing the disaster may cost you more than anything you save, if you can fix things at all. If you have to, save until you can afford counsel. Unless you know what every one of the following things is and how to deal with it, do not attempt a pro se case: computing whether you pass the means test, negotiating a reaffirmation, responding to a motion to lift stay, how to avoid judicial liens in your case, how to maximize your exemptions, answering a complaint as to dischargeability, and responding to a bad faith claim, etc.
Answered on Dec 15th, 2011 at 9:26 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You can file without a lawyer but at least you should first talk to a lawyer about it. You need to know if you qualify and the risks involved before actually filing without a lawyer because you do not have the right to dismiss a Chapter 7 case without court permission if you make a mistake. If you have any assets that can be taken from you then the trustee might oppose any attempt to dismiss the case. It is not advisable to file without a lawyer. There are books you can buy and read to learn how to do it without a lawyer or even determine if you should do it.
Answered on Dec 15th, 2011 at 8:44 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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If your inclined to risk your own malpractice. Yes. However I have even filed bankruptcy for other attorneys.
Answered on Dec 15th, 2011 at 8:44 AM
Litigation Attorney serving San Gabriel, CA
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West Themis Law A Professional Law Corporation
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Unless you have to file now to hold off a foreclosure to save your home or some other emergency, save some money and get a good experienced attorney. A bad one or doing it yourself can expose you to serious problems including fraud and criminal liability. Bankruptcy is not an easy area of law.
Answered on Dec 15th, 2011 at 8:35 AM
Stephen M. Goldfarb
There is no requirement to have an attorney to file bankruptcy. Some help is available on the Bankruptcy Court Website.
Answered on Dec 15th, 2011 at 8:34 AM
Daniel James Wilson
You can, but its not a good idea. You risk not protecting assets not getting full discharge, even dismissal. Its just too complicated.
Answered on Dec 14th, 2011 at 9:46 PM