File Chapter 7 Bankruptcy Without a Lawyer

You may be surprised to learn that U.S. bankruptcy laws allow debtors to file for bankruptcy without the representation of an attorney in court. Though you are allowed to file without the assistance of an attorney, it might not be advisable if your Chapter 7 bankruptcy issues are complicated. Furthermore, even the simplest Chapter 7 case will require you to gather extensive financial documentation, fill out a wide assortment of federal forms, and be aware of and understand relevant local and federal laws on bankruptcy proceedings. If you're willing to do the work, here's how to file for Chapter 7 on your own.

Steps

Determining Whether you Can File For Chapter 7 Bankruptcy Without an Attorney

  1. Determine whether you can apply for a “simple” Chapter 7 bankruptcy. From a technical standpoint you can file for Chapter 7 bankruptcy regardless of how complicated your case is. However, if you want a successful outcome, you should determine whether your bankruptcy case would be considered “simple” and thus capable of being filed without legal representation. Your bankruptcy filing should be relatively simple if: [1]
    • You own little or no property.
    • Your creditors are unlikely to extend relief for your non-dischargeable debts.
    • Your household’s income is not above your state’s median income range.
    • You have not recently made any property payments or transfers to any of your preferred creditors.
  2. Determine whether you qualify to file for Chapter 7 bankruptcy. Your ability to qualify for Chapter 7 bankruptcy relief is based on your income and family size relative to your state's standards. Use a "means test" to determine whether you can file for Chapter 7 bankruptcy. The means test consists of two forms: the Chapter 7 Statement of Your Monthly Income Form and the Chapter 7 Means Test Calculation Form. [2]
    • You can find a simplified means test online. It is a lengthy form, but more than likely you'll have to answer only the first 15 questions. If you do not qualify for Chapter 7, your only option would be Chapter 13 debt-consolidation bankruptcy.
  3. Determine if filing bankruptcy on your own is feasible. Legally you have the right to file for bankruptcy without an attorney, but doing so could be counterproductive. Submitting the wrong forms and otherwise not properly understanding the bankruptcy court filing process could exacerbate your existing financial issues instead of relieving them. As a result you must think carefully before deciding to file for bankruptcy on your own. [3]
    • Consider whether you have the free time, resources and skills to conduct relatively in-depth legal research independently.
    • Don’t file on your own if you have substantial assets beyond your home.
    • Don’t file for bankruptcy at all if your household income is significantly greater than the state median income.

Planning to File for Chapter 7 Bankruptcy

  1. Take your mandatory credit-counseling course. Bankruptcy debtors are required by law to attend credit-counseling sessions conducted by a government-approved organization. These sessions must be completed no more than 180 days before you file for Chapter 7 bankruptcy. Upon completion of the course you will receive a "certificate of completion", which you will have to include with your Chapter 7 filing. [4]
  2. Compile and carefully review your pertinent financial documentation. One of the most important parts of the bankruptcy process is accurately presenting your financial situation to the court. You will be using the information on your financial documents to fill out your bankruptcy forms, and this same documentation may be required to be attached to your actual bankruptcy petition and schedules as evidence of your financial state. You should collect and review the following documentation:[5]
    • Tax returns and/or transcripts from the past three years
    • Documentation of your income
    • Valuations or full appraisals of any real estate that you own
    • Copies of vehicle registration, recent car-loan statements and proof of car insurance
    • Your most recent retirement, savings, and bank-account statements
    • Child support and wage-withholding documentation
  3. Order a copy of your credit report from all three credit bureaus. Accessing your credit report will allow you to view the entirety of your debt situation. Make sure you get a separate credit report from TransUnion, Experian and Equifax. You want all three credit reports because your creditors might not have reported your debts to all three of the main credit bureaus.
  4. Determine the federal circuit court where you will file your Chapter 7 documents. The U.S. federal court system handles Chapter 7 bankruptcy proceedings, which will never be held at your local or state court. Click here to locate the federal circuit bankruptcy court closest to your home. [6]

Filing for Chapter 7 Bankruptcy

  1. Complete your required bankruptcy paperwork. This will prove to be your most time-consuming step. If you have the resources, you would probably be better off buying a bankruptcy software program to assist you. If you do not use individual-bankruptcy software, you may encounter problems with truncated data, manual submission of repetitive data, multiple manual mathematical calculations, and conflicting legal interpretations of state and federal bankruptcy law. [7]
    • Click here to access copies of all of the different bankruptcy forms that you must complete and file.
  2. File your completed paperwork along with your credit-counseling certificate. This step is as simple as taking your bankruptcy petition documents to the bankruptcy clerk. After filing your bankruptcy petition you will receive a receipt with your case number, the name of the bankruptcy judge who will hear your case, your bankruptcy trustee's name, and the date set for your meeting of creditors.
    • Upon filing for bankruptcy, your automatic bankruptcy stay begins. The automatic stay is one of the fundamental debtor protections provided by bankruptcy law. It gives the debtor a little "breathing room" by prohibiting creditors from pursuing collection and foreclosure actions.
    • There is a $335 filing fee that can be paid by cash or money order. You may be also be eligible for a bankruptcy fee waiver.
    • Respond to every correspondence you receive from the bankruptcy court or your trustee.

Managing the Bankruptcy Process

  1. Attend your Meeting of Creditors court date. You must attend and make sure to show up on time, but don't expect to see creditors there. They are invited to attend but often do not do so. Answer truthfully all questions posed to you by the trustee. They use standard questions with a few variations based on the information you filed.
    • Filers are asked to state their name, address, and Social Security number and to affirm that they have read, signed, and understood the petition. You'll be asked if there are any errors or omissions, if you have listed all assets and creditors, if you've filed bankruptcy before, and whether you have additional sources of domestic-support.
  2. Complete your post-filing, personal-financial-management course. This is a different class from the credit-counseling course you took when you submitted your paperwork. You must complete this additional course through a trustee-approved, debtor-education agency. It will cost about $30. [8]
    • This course should be completed after your case is filed and within 45 days of the creditors meeting. If you do not do this, you risk having your case dismissed. Submit a certificate of completion as instructed in your correspondence.
  3. Wait for the final correspondence declaring your debts to be discharged. This correspondence is typically received a minimum of 61 days after you have your meeting with your creditors.

Warnings

  • Although you will likely get a warning if you forget to submit a file, the court will not let you know if your paperwork is inaccurate. It's your responsibility to submit truthful and accurate documents.
  • Bankruptcy fraud is a serious crime. You could be fined and/or imprisoned if you commit fraud while filing for bankruptcy. If you are found guilty of making a false statement, you could be fined up to $500,000 or imprisoned for up to five years or both.

Related Articles

  • File for Bankruptcy as a Business
  • Stop Foreclosure Through Chapter 7 Bankruptcy

Sources and Citations

  1. ↑ http://www.alllaw.com/articles/nolo/bankruptcy/file-bankruptcy-without-attorney.html
  2. ↑ http://www.filebankruptcyyourself.org/
  3. ↑ http://www.nolo.com/legal-encyclopedia/filing-bankruptcy-without-attorney.html
  4. ↑ http://www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm US Justice Department approved counseling agencies
  5. ↑ http://www.nolo.com/legal-encyclopedia/documents-required-bankruptcy-filing.html
  6. ↑ http://www.uscourts.gov/about-federal-courts/types-cases/bankruptcy-cases
  7. ↑ http://www.uscourts.gov/forms/bankruptcy-forms
  8. ↑ http://www.justice.gov/ust/eo/bapcpa/ccde/de_approved.htm US Justice Department approved debtor education agencies
Retrieved from "https://kipkis.com/index.php?title=File_Chapter_7_Bankruptcy_Without_a_Lawyer&oldid=304541"