How to File a New Bankruptcy Yourself
Filing a bankruptcy petition yourself is known as filing pro se, or without an attorney. While there is no law preventing you from filing your own petition, even the U.S. Courts recommend that you hire a competent attorney. If you have accurate financial records and attention to detail, however, you should be able to complete a bankruptcy petition on your own. Pay attention to local rules and procedures; these vary from district to district and may be required in addition to the federal bankruptcy petition.
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Instructions
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Collect your financial documentation. You must present the complete picture of your financial situation. Information you will have to provide the court includes all of your income and monthly expenses, the name of your creditors and the amount you owe, and an inventory of all of your assets.
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Take the means test. The means test determines both whether you qualify to file Chapter 7 bankruptcy and the amount you can afford to pay in a Chapter 13 payment plan. Essentially, the means test consists of a comparison of your annual income with the median income for a household of your size in your state. If you are under the median, you can usually file Chapter 7, which discharges your debts in exchange for the liquidation of valuable assets. If you are over the median, you may have to file Chapter 13, in which you keep your assets but make payments to your creditors.
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Get a free bankruptcy consultation. Local bankruptcy attorneys can offer you valuable information in terms of completing your petition successfully. Most attorneys can offer you a free consultation.
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Locate your local bankruptcy courthouse. You must file your bankruptcy petition in the correct bankruptcy court district. Nationwide, there are nine bankruptcy districts, but there may be more than one local court in your area or state.
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Obtain local rules and forms. Your local courthouse will be able to provide you with information on local regulations regarding the format of your petition and any special forms you may have to submit.
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Attend counseling. New bankruptcy legislation introduced in 2005 requires all debtors to complete a counseling class no more than 180 days before the filing of a bankruptcy petition. You must include a copy of your certificate of completion in your bankruptcy petition.
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Complete forms carefully. While the forms can be lengthy and complicated, they ask for specific information that you must provide the court. Even as a pro se debtor, you will be held to the same filing standards as a licensed bankruptcy attorney, so be thorough and complete.
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Pay the filing fee. For a Chapter 7 case, you must pay the court a $299 fee. Chapter 13 bankruptcies require a $274 initial filing fee.
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Submit your complete petition. An incomplete or unsigned petition may be dismissed by the court.
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Attend your 341 meeting. About 30 days after you file your petition, you must attend a Section 341 Meeting of Creditors. This meeting provides your creditors and the bankruptcy trustee a chance to review your petition and ask you questions about it. This meeting is mandatory and nonattendance will result in the dismissal of your petition.
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Take your financial management class. In addition to the counseling class you must take before you file your petition, you must attend a court-approved financial management class within 45 days after your 341 meeting. Submit proof of your completion to the court.
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Save your discharge papers. If neither the trustee nor any creditors lodged an objection to your Chapter 7 petition within 60 days of your 341 meeting, you are entitled to a bankruptcy discharge. If you filed a Chapter 13 bankruptcy, you will receive your discharge after you complete your payment plan in full.
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