How to File Chapter 7 Bankruptcy for Free

It's possible to file a Chapter 7 bankruptcy without paying a fee.

If you've made the decision to file a Chapter 7 bankruptcy case, you have by definition experienced significant financial problems. Revisions to the U.S. Bankruptcy Code mean you cannot even file a Chapter 7 bankruptcy unless you satisfy a means test. The means test analyzes your income and expenses and requires you to meet particular standards, which vary from one court to another. You may not have the funds necessary to file a bankruptcy case, let alone hire legal counsel, in which case you will need to explore options for free legal services and filing.

Things You'll Need

• Motion to waive bankruptcy filing fees

Instructions

1. Contact the legal aid organization in your community. These organizations provide legal services to individuals at low or no cost. This includes providing attorneys to represent people in Chapter 7 bankruptcy cases. Legal aid organizations accept clients based on their lack of income.

2. Schedule an appointment with a law school clinic in your area. Law schools across the country typically maintain clinical programs in which law students in their final year of study provide free legal representation to people unable to afford private counsel. Chapter 7 bankruptcy clients are among those whom law clinics typically represent. These students work under the direct supervision of licensed attorneys.

3. Use the self-help services provided by the U.S. Bankruptcy Court. The court provides forms, instruction and resources, including video presentations, to help people file and pursue Chapter 7 bankruptcy cases without attorneys.

4. Ask the bankruptcy court clerk for a form motion to waive the Chapter 7 filing fee.

5. Complete the motion by filling out the form. Include information about your financial status and your inability to pay the filing fee.

Tips & Warnings

• The bankruptcy court permits a waiver of your filing fee if only you are not paying an attorney to represent you in a Chapter 7 case. If you hire private counsel, the court will not permit a waiver of the filing fee, because you are deemed to be able to afford the cost.

References

• U.S. Bankruptcy Code
• "The Glannon Guide to Bankruptcy"; Nathalie Martin; 2006
• Cornell Law School: Bankruptcy Overview

Resources

• U.S. Bankruptcy Court: Filing for Bankruptcy without an Attorney
• National Legal Aid and Defender Association
• Washburn Law Clinic
• U.S. Courts: Bankruptcy Forms
• U.S. Bankruptcy Courts: Videos on Bankruptcy Basics