Can an Individual File for Bankruptcy Without an Attorney?
It is possible fo file for bankruptcy without the services of an attorney: this is called a "pro se" filing. However, legal experts do not recommend this route, since it is a complicated procedure and you must file detailed paperwork according to rigid deadlines. It is advisable to find an attorney who can help you navigate the various options for filing bankruptcy, whether Chapters 7 or 13.
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Pro Se Bankruptcy Filing
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Individuals may file bankruptcy on their own behalf, acting without legal representation. Such filing is called a “pro se” bankruptcy. While an individual may file without an attorney, doing so is "extremely difficult," according to the official website of the United States Courts. Assistance is very limited; the court clerk, for example, can help you find required forms, but is prohibited from helping you fill out the forms or from giving any advice in general.
Additional Pitfalls
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Bankruptcy rules are complicated. You must file lengthy forms disclosing your finances and equity, and the filing must be on time. Failure to comply with the rules or to timely file a paper may result in dismissal of your case. Additionally, you may miss certain opportunities, such as the ability to exempt certain property. There are also several different forms of bankruptcies, such as Chapter 7 or 13, each of which has specific requirements and various advantages and disadvantages.
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Finding an Attorney
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The United States Courts website offers several suggestions for debtors who think they cannot afford an attorney. You may be able to find an attorney to handle your case pro bono or you could qualify for free legal services through your state’s Legal Aid networks. Prior to filing bankruptcy, consider all your options before choosing to file alone.
Other Issues
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If you decide to file on your own, do significant research and begin gathering documentation and other evidence about your income, assets and liabilities. Be aware of certain issues, such as a fraudulent conveyance. A fraudulent conveyance may occur if you transfer property for less than its fair value and you are unable to pay your debts at the time of the transfer. Issues, such as fraudulent conveyances, may result in adverse consequences, including dismissal of your case.
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