QUESTION

Can we file chapter 7 on our own?

Asked on Feb 21st, 2013 on Bankruptcy - Georgia
More details to this question:
We barely have enough to pay the filing fee. Our income (social security & small pension) could never pay the large unsecured (credit cards, medical) debts.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Yes, you can file Chapter 7 on your own.  However, it is almost never advisable.   Bankruptcy is a minefield of multiple traps for the unwary.  Experienced lawyers mess things up.  It is beyond simply filling out forms and filing them with the court. I have written on the topic of whether you need an attorney to file a bankruptcy case.  But sometimes if you have no way to hire an attorney, you have no choice. I submit to you, however, that you should try to find a way to pay an attorney if possible because you are risking a lot of potential problems that could end up costing you many, many times more than it would have if you hired an attorney to begin with.  Of course, everything could go smoothly without any problems, but consider the recent report of the Central District of California Bankruptcy Court regarding the low success rate for those filing bankruptcy without an attorney (just over 50% for Chapter 7 cases) At the very least, have a consultation with a bankruptcy attorney in your area or see if your local bar association has any legal assistance programs that can help you.   Good luck! Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Feb 22nd, 2013 at 2:16 AM

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