Can I File Bankruptcy in Ohio Without an Attorney?
Bankruptcy is the legal procedure by which a debtor may either discharge his debt or reorganize his debt into manageable payments. Bankruptcy is governed by federal law and all bankruptcies are filed in the federal court in the jurisdiction where the debtor resides. For residents of Ohio, filing bankruptcy without the assistance of an attorney may be allowed, but a debtor should consider retaining an attorney due to the highly technical nature of bankruptcy proceedings and the long-term financial implications.
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Bankruptcy Chapters
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There are four different types of bankruptcy, referred to as "chapters," found in the bankruptcy code under which an individual, small business or corporation may file in Ohio. Chapter 7 is known as a liquidation and usually results in a discharge of most of the debtor's debts. A Chapter 11 is a reorganization that may be used by an individual but most commonly applies to partnerships or corporations. A Chapter 12 bankruptcy is used by a family farmer or fisherman while a Chapter 13 is an individual debt adjustment. A Chapter 13 bankruptcy allows an individual with significant income or assets to keep those assets and income and enter a repayment plan to pay off his debts over time.
Considerations in Filing Pro Se
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Under the bankruptcy rules, a corporation or partnership is required to be represented by an attorney but an individual is not. Bankruptcy, however, is very complicated and proceeding pro se (without an attorney) may be extremely difficult. Failure to abide by procedural rules, completing a form incorrectly or failing to file a necessary document could mean a dismissal of the case. If a bankruptcy case is dismissed, then the automatic stay in place protecting the debtor from creditors is lifted. Additionally, in a reorganization or debt adjustment bankruptcy a misstep could cause the debtor to risk losing valuable assets.
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General Procedures
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The first step for a resident of Ohio wishing to file for bankruptcy is to determine what chapter she needs to file and in which court. A debtor must meet the "means test" in order to file a Chapter 7 bankruptcy and must meet the definition of a family farmer or family fisherman in order to file a Chapter 12. The rules and definitions for each chapter may be found on the U.S. Courts website which can be accessed through the Resources section of this article. The debtor must then file in either the northern or southern district depending on where the debtor lives.
Forms and Guidance
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If a debtor chooses to proceed pro se in his Ohio bankruptcy case, forms may be found on the U.S. Courts website. The court website also offers a number of resources for a debtor to use when filing bankruptcy. Low income debtors should check with local legal aid organizations; many represent clients in bankruptcy proceedings or offer educational materials for pro se filers.
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