Free Filing Guide for a Washington Bankruptcy
You can file for bankruptcy in the state of Washington without using an attorney. This is called a "pro se" filing. It is recommended only for debtors who have relatively few assets and uncomplicated issues. Regardless of income, you are required by federal law to take a credit-counseling course and pay required filing fees to the Washington bankruptcy courts.
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Pro Se Filings?
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To declare bankruptcy in Washington state can be a complicated legal process because you must follow both the federal bankruptcy laws and the local rules of either the eastern or western Washington bankruptcy district. Many people have a higher chance of a successful bankruptcy case if they have an attorney to represent them in court and guide them through the bankruptcy process. Businesses or individuals with relatively simple issues may be able to file a "pro se" bankruptcy, without the services of an attorney. This option requires thorough research of the bankruptcy regulations. You can receive help from your local legal aid organization.
Credit Counseling
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The federal Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires all debtors to complete a 60- to 90-minute credit counseling course in the 180 days before they file for bankruptcy. You can take the class online, in person or over the phone. The fee varies by provider but it is typically no more than $50, as of January 2011. You must file the certificate received from such a program with your bankruptcy petition. Both the eastern and western Washington bankruptcy courts have provide lists of approved course providers on their websites, under the "General Information" heading.
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Means Test
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Federal law requires debtors to qualify for either Chapter 7 or Chapter 13 bankruptcy by determining if their income, minus monthly expenses, is above or below $49,124, which is the Washington state median income as of January 2011. People with income below this median qualify for Chapter 7. People who have income over the median must file Chapter 13.
The Bankruptcy Petition
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The bankruptcy petition consists of a number of worksheets, called schedules. Many of the schedules request lists of your assets, sources of income, expenses and creditors. Other schedules require you to tell the court what you wish to do with contracts (such as leases) and property (such as houses and vehicles). The exact schedules you need to complete will depend on the type of bankruptcy you file.
Filing Fees
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Debtors pay a $299 fee for filing Chapter 7 and a $274 fee for filing Chapter 13. Washington state bankruptcy courts accept payment from attorneys filing on their client's behalf in the form of check, credit card, money order, or cash. The courts will only accept payment from pro se debtors in the form of money order, cash or cashier's check.
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References
- U.S. Bankruptcy Court Eastern District of Washington: FAQ
- U.S. Bankruptcy Court Eastern District of Washington: Local Rules
- U.S. Bankruptcy Court Eastern District of Washington: Filing Fees
- U.S. Department of Justice Trustee Program: Census Bureau Median Family Income By Family Size
- U.S. Courts: Filing for Bankruptcy Without an Attorney
