Filing without an attorney
You have the legal right to file bankruptcy without an attorney. This is called filing "pro se." While an attorney is strongly recommended, understanding the pro se option is important if you truly cannot afford one.
When pro se filing may work
- Simple Chapter 7 cases -- Few assets, straightforward income, no property disputes
- Below the means test threshold -- Your income clearly qualifies for Chapter 7
- No adversary proceedings expected -- No one is likely to challenge your discharge
When you really need an attorney
- Chapter 13 cases (repayment plans are complex)
- You have significant assets or property
- You own a business
- You have recent large transfers or payments to insiders
- You have been sued or have pending litigation
- Prior bankruptcy filing within the past 8 years
Free resources for pro se filers
- Official court forms -- Available free at uscourts.gov/forms/bankruptcy-forms
- Court self-help centers -- Many bankruptcy courts have free self-help desks staffed by court employees or volunteers
- Bankruptcy basics guide -- uscourts.gov bankruptcy basics
Important limitation: Under 11 U.S.C. Section 110, non-attorney bankruptcy petition preparers can help you fill out forms but cannot give legal advice. They must disclose their fees and follow strict rules. An attorney can give you legal advice; a petition preparer cannot.
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