How to File Chapter 7 Bankruptcy Without a Lawyer

Filing Chapter 7 bankruptcy without a lawyer may save you money and seem convenient. But, bankruptcy laws have became more complicated, and the courts will expect the same thing out of you that they would expect out of a lawyer--the bankruptcy process is still the same. You are still responsible for getting every form in, attending all courses and attending your hearing. Missing one of these would cause your bankruptcy petition to get dismissed.

Instructions

1. Proceed to your nearest office supply store to purchase the following items: Voluntary Petition (Official Form1); Notice to Individual Debtor With Primarily Consumer Debts Under 11 U.S.C. and 342 (B); Notice to Debtor by Bankruptcy Petition Preparer; Statement of Social Security Number (Official Form 21); and Exhibit D to Official Form 1. See the Resources section below for additional forms that you have to purchase and fill out.

2. Attend a credit counseling course prior to filing for Chapter 7. Call the Credit Counseling Unit at [phone], or email [e-mail], for the nearest approved credit counseling provider in your area. Take your spouse with you if both of you are filing for Chapter 7. Be sure to save your certificate of completion as proof that you have received counseling. Complete form, "Exhibit D - Individual Debtor's Statement of Compliance With Credit Counseling Requirement," after receiving the certificate of completion. See the Resources section below.

3. Complete Form B22A, Statement of Current Monthly Income. Know that your monthly income has to fall beneath your state's mean income to qualify for Chapter 7. Complete the disabled veteran section of the form if you are a disabled vet to get an exemption from this rule. Complete all the forms that you are required to fill out from Step 1. Complete every line on these forms, and put NA where applicable. Make copies of these forms so that you could file the original with the bankruptcy court.

4. Proceed to the clerk of the Federal Bankruptcy Court serving your area. Submit the original forms from Step 3. Wait for the court to send you a notice of your Chapter 7 bankruptcy case. Know that this tells your creditors that you have filed for bankruptcy; lets them know the location of the hearing; and gives them the opportunity to challenge you. Read this notice thoroughly to make sure that you make this meeting. See Tips below for more information.

5. Attend a personal financial management course prior to the hearing. Contact the phone number or email in Step 2 for the location of the nearest approved courses to your address. File Form 23 with the bankruptcy court after receiving a certificate of completion. See the Resources section below for a link. Show up early to the hearing, and sit where you could hear the trustee. Know that other people in the room are also filing bankruptcy and the question the trustee asks them will be similar to questions he will ask you. When you're up, make your oath, and answer the questions truthfully. After you are let go, wait for a letter from the trustee discharging your debts.

Tips & Warnings

• If the Resource links lead to a dead end, use this keyword search to get the forms you need: "United States Bankruptcy Court Required Lists Schedules Statements."

• You may be able to take both required courses online. Contact the Debtor Education Unit at [phone] or send an email to [e-mail] for information on approved online courses.

• When you get your notice of hearing, you'll get information on the person that is going to hear your case. Provide this person a copy of your last federal tax return and pay stubs as soon as possible.

• You must list every creditor in your petition. Obtain a free credit report to get a thorough list of creditors. Experian offers free credit reports without requiring your payment information. Leaving a creditor out will work against you when you file for bankruptcy.

• Missing any of the above requirements can lead to your case to being dismissed without your debts being discharged. Complete both classes, provide all the forms when you file, and attend the hearing.

• Don't submit your tax forms and pay stubs when you file your papers with the bankruptcy court, provide that to the trustee as soon as you can.

• Without a lawyer, you are in charge of ensuring the safety of sensitive information like Social Security numbers, children's names, birthday's and account numbers. The last four digits would suffice, black everything else out.

Resources

• United States Bankruptcy Court required lists, schedules, statements and fees
• Exhibit D - Individual Debtor's Statement of Compliance With Credit Counseling Requirement
• Official Form B 22A
• List of approved personal providers of personal financial management courses
• Guide to filing bankruptcy without a lawyer