How to Claim Bankruptcy Without a Lawyer

Bankruptcy assists people who are in debt they cannot get out of by allowing them to restructure and significantly reduce debts in a Chapter 13 bankruptcy or eliminate the debts altogether in a Chapter 7 bankruptcy. You have the option of filing for bankruptcy without a lawyer, but you have to know the federal bankruptcy rules as well as the local rules for your bankruptcy district.

Instructions

1. Complete a credit counseling class within 180 days of filing. Ensure it is a court-approved program that gives a certificate at the end of the class by calling the bankruptcy court house in your district or looking on the court website for a listing of course providers.

2. Compile your financial information. Include documents such as statements and bills from creditors, pay stubs or other proof of income and a list of your regular expenses, such as utility bills and food.

3. Obtain the bankruptcy petition from the bankruptcy court in your district or download the paperwork from the court website. Determine if you need to file Chapter 13 bankruptcy of Chapter 7 bankruptcy by filling out the means test worksheet. Add all sources of income and compare your income to the median in your state. File Chapter 7 if your income is below the median, and file Chapter 13 if your income is above the median and you have disposable income after paying regular expenses.

4. Fill out the remainder of the petition. List your debts and include all creditor names, account numbers and balances. Do not leave off any creditors because you will not be able to discharge debt that you do not include on the petition. List all income, assets and expenses as well or you run the risk of dismissal for fraud.

5. File the completed petition at the bankruptcy court house in your district. Pay the filing fees. Verify the methods of payment your court will accept because many courts will only allow payment by cash or money order for debtors without an attorney. The court will assign a trustee to oversee your case. Receive a date for the 341 meeting, in which the trustee and any creditors can ask questions about the information in your petition.

6. Create a debt repayment plan that lasts three to five years if you file Chapter 13 bankruptcy. Ensure the plan repays the largest portion of your debt while staying within your means by consulting with the trustee. File the plan with the court to complete the bankruptcy claiming process. Chpater 7 filers do not have to create a repayment plan.

References

• U.S. Courts.gov: Filing for Bankruptcy Without an Attorney
• U.S. Courts.gov: Bankruptcy Basics
• Managing Money.com: Filing Bankruptcy Pro Se: Choosing the Option That Works Best for You