What should I do if I can't afford a bankruptcy attorney?

Question

I'm in way over my head and bankruptcy is my last resort option. I have to eat and keep my apartment and I'm bearly doing that. Can I file for bankruptcy myself or is there a cheap file option?

Bahram Madaen · Answer

I charge 975 plus filing fee, and I believe it is the cheapest in town. Let me know. Also, I charge only 550 for preparing all paper works and I tell you everything you should do.

Charles Schneider · Answer

You wait and save your money to file or use your income tax refund.

Daniel James Wilson · Answer

You pose a very difficult issue. Even a simple bankruptcy can be very complicated. You have a right to file pro se, that is without a lawyer, but you risk losing assets and not discharging all dischargeable debt. Most lawyers will take payments, but cannot file until fee is paid in full. You can pay filing fee in installments. If your income is low enough you might be able to get help from Legal Aid.

Diane Drain · Answer

Depending on the state where you live - there might be other options for legal assistance. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.

John Moffa · Answer

There are attorneys who give free consultations.  There are also programs for free or reduced fees for low income individuals.  Consult someone who can help you.

William C. Gosnell · Answer

There is no cheap file option.  Filing fee is $306.00.  Attorney fees vary from $500.00 on up. Some people file on themselves. But can't complete the mountain of paperwork

Richard Jacobson · Answer

You do not absolutely need to have a lawyer in a bankruptcy case, but it's almost always a good idea.  There are strong requirements for accuracy and completeness, and some areas where a mistake could cause you needless loss or distress.  Still, the forms are available to the public, and if you are willing to take the risk of proceeding on your own, you can do so.  You might also try one of the entities which provide legal representation at reduced cost.  You can usually find them in your local phone book or on the web. Good Luck.

Myron Tucker · Answer

Many of the bankruptcy courts have help for pro se filers.  Check with the bankruptcy court closest to you to get more information.  There are bankruptcy petition preparers and paralegals that will fill out the forms with the information that you give them.  The California Business and Professions Code prohibits them from providing legal advice or guidance as they assist you in filling out the forms.  If you use one of these services you will be asked under penalty of perjury questions relating to whether they provided you with legal assistance other than simply filling out the forms.  You should not pay more than $200.00 for someone to fill out the forms.  You can sometimes get a filing fee waiver that will save you $306.00.  You will need to demonstrate to a bankruptcy court judge that paying the fee will cause an undue hardship.  The court definition of undue hardship is very strict.  Overall, many times it is less expensive to pay an attorney who will properly represent you than it is to do it yourself.

Glen Edward Ashman · Answer

Pro se cases almost always are a disaster, and you risk not discharging debts you could have discharged or losing assets you could have kept.  Save for a lawyer.  In the long run it will save you money.

Kenneth Love · Answer

You need to speak to an attorney. Most give free consultations and you need to meet a few to see what options they may have to assist you. Filing alone is very difficult. You can file alone, but you will be required to get every form filed and attend the appropriate meetings, some mistakes can lead to the dismissal of your case even if you have a good excuse.

Stuart Nachbar · Answer

IN NJ;  you can try to do yourself, or go to legal aid, or shop around for someone who will do it in your budget.

Richard hirsh · Answer

The Bankruptcy Court in Chicago has a help desk and they can assist you  in filing.

Dorothy Bunce · Answer

If you lack a sufficient income to pay to file bankruptcy, you may not need to file bankruptcy at all.  Most people that file bankruptcy without an attorney find out that the price of hiring an attorney was far less than the loss they sustain as a result of lacking the proper understanding of how bankruptcy is implemented.

Jeffrey Cook · Answer

You can file bankruptcy without an atty but it would be a huge mistake.  Most people don't realize that since you aren't paying any credit card debt when you file, there is more than enough money to hire a competent bankruptcy atty.  Most attys only charge between $1200 to $1500 including all the filing fees for a Chapter 7 depending on the complexity.  If it came between skipping a few meals and hiring an atty, I would skip the meals.  Good representation is that important.

Sheryl Graf · Answer

While you are not required to hire an attorney, you should.  The rules and procedures are complicated and if you make a mistake it could result in serious adverse legal consequences.  (If you break your arm, you are not required to see a doctor to have it put in a cast, but you should do so if you want it to heal right.)  You should meet with a qualified attorney who helps people file for relief under the bankruptcy code.  An experienced attorney should provide the following services at the initial consultation at no charge:  A description of the relief available, the benefits and the risks of filing for bankruptcy under Chapters 7, 11, 12, and 13 of the Bankruptcy Code.  An analysis, based on the information and documents provided by you of your income, expenses, assets, and liabilities.  If it appears from this analysis that bankruptcy may be an appropriate remedy for you, there should be a discussion of the information and documents needed, as well as a procedural timetable.  If it appears that bankruptcy may not be an appropriate remedy for you, there should be a discussion of other possible alternatives.    The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

Robert De Groot · Answer

You are asking attorneys if there is a cheap way to file bankruptcy. There is, you can try to do it yourself, or you can hire a petition preparer to prepare all of the documents for you, but it is best to actually hire an attorney. Bankruptcy is a complex matter which requires a professional and the advice that only a professional can render.

Peter Mullison · Answer

This is a common question. You do not need to hire an attorney to file bankruptcy. But you should be prepared to educate yourself on bankruptcy law to make sure that you don't make any mistakes that could result in your case being dismissed or losing any of your assets.  Some common ways to pay for an attorney include borrowing money from a close friend or family member, using your tax refund, or saving for a few months to collect the fee. You also need to consider the court filing fee, which at this time is $306. You may qualify for a waiver if your income is less than $150 of the current poverty level. You can also pay the filing fee in up to four monthly payments beginning the month after you file.

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What should I do if I can't afford a bankruptcy attorney?

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