Filing Bankruptcy Without an Attorney

Bankruptcy law is difficult for most people to understand, and even if you want to file yourself you might at least consider consulting an attorney. In addition to federal rules, you must observe local bankruptcy rules. The court can dismiss your bankruptcy petition if it is improperly filed, even if you are entitled to a discharge. An unexpected adversary proceeding can make even a simple case difficult to successfully navigate.

Pro Se

The technical term for filing a legal case without an attorney is "pro se." Nothing in bankruptcy law prevents you from filing a petition without the assistance of an attorney. However, just because you file on your own does not mean the court will show you any leniency regarding the federal rules of bankruptcy procedure. In the estimation of the United States Bankruptcy Court, filing a petition successfully without an attorney is difficult. However, if you do file on your own you can save considerable legal fees that often run over $1,000 (as of February 2011).

The Bankruptcy Petition

The bankruptcy petition consists of a series of forms that examine every detail of your finances. A properly formatted petition usually runs well over 50 pages in length. Depending on the nature of your case, certain forms in the federal bankruptcy petition may not apply to your case. However, many others include computations that you must transfer to other forms in your petition, such as the Summary of Schedules listing the totals of your assets and liabilities. Coupled with numerous signature requirements, the petition itself is cumbersome and confusing to complete without an attorney.

Local Rules and Forms

Most state bankruptcy districts have their own local rules and forms that you must follow if you are a resident of that state. For example, the Bankruptcy District of Delaware has a number of local forms you must use when filing a petition, including the fee application cover sheet, that may not be relevant in other court districts. Failure to follow any local rules is equally likely to get your case dismissed.

Adversary Proceedings

If a creditor or the U.S. Trustee files an objection to your case for any reason, it is known as an adversary proceeding. An adversary proceeding, or AP, is essentially a lawsuit within your bankruptcy case, and it must be resolved before your bankruptcy petition can conclude. In an AP you may have to file motions and additional paperwork that you did not research when filing your straight bankruptcy petition. An AP will usually require a response to the court within a short time period, and you may not be able to prepare a legally formatted answer without the help of an attorney.

References

• United States Courts: Filing for Bankruptcy Without An Attorney
• Bankruptcy Law Network: Should I Get a Bankruptcy Attorney?; Rachel Lynn Foley
• Bankruptcy Law Network: What Is An Adversary Proceeding?; Karen Oakes
• United States Courts: Local Court Rules
• United States Bankruptcy Court District of Delaware: Local Rules

Resources

• United States Courts: Bankruptcy Forms
• United States Courts: Bankruptcy Form B6