Can You Apply for Bankruptcy Without an Attorney?
- Individuals filing for bankruptcy must do so through their local bankruptcy court. Individuals who choose to represent themselves instead of hiring a lawyer are considered "pro se" by the courts. The decision to represent yourself should not affect which chapter you file under (Chapter 7 clears all of your debts whereas Chapter 13 sets up a repayment plan) as long as you follow the court's rules.
- If you decide to go pro se, you will be required to follow the protocol, process and rules that a bankruptcy lawyer follows throughout the bankruptcy proceedings. The courts' requirements are very technical; every required document must be filed on time, in the correct order, in the right format and with the proper paperwork.
- While individuals are not required to file with an attorney, all individuals must attend a credit counseling session with a federally-licensed counselor before filing for bankruptcy and present a signed certificate proving that the session took place. Courts generally order individuals to take money management classes as well.
- The United States Courts website provides information on representing yourself pro se but also features several warnings and recommends that individuals hire lawyers to represent them during bankruptcy procedures. Not only is the process technical and difficult to navigate without legal training, but the penalty for missing a deadline or filing a document inappropriately is the suspension or dismissal of the bankruptcy claim.