Can You File Bankruptcy Yourself?

Filing for bankruptcy yourself is no easy undertaking. The laws governing bankruptcy are extensive; and in the eyes of the court, you are as responsible for knowing and understanding them as any seasoned bankruptcy attorney. By filing "pro se," or on your own without an attorney, you will save hundreds or even thousands of dollars in fees. However, you also run the risk of losing property or assets that you could have saved.

Federal Bankruptcy Rules

The Federal Rules of Bankruptcy Procedure and Title 11 of the U.S. Code define bankruptcy law in the United States. While certain rules may not apply to every bankruptcy case, as a pro se debtor you are responsible for knowing which rules pertain to your individual case. As with most federal laws, the wording of the federal rules and the code can be confusing to a non-attorney, and the number of rules is extensive. If you neglect any procedural step in your case, no matter how small, you run the risk of having the court dismiss your case. Bankruptcy law is so complex that the court itself suggests you should hire an attorney when you file bankruptcy.

Local Bankruptcy Rules

In addition to knowing federal bankruptcy rules, you must also understand the local bankruptcy rules in your particular district. Most bankruptcy districts have specific forms you must use to submit various court documents. When you submit your bankruptcy petition, you may have to submit your forms in a specific order according to local practice. For example, in the Delaware Bankruptcy District there are 16 specific local forms you may have to use in your case.

Bankruptcy Petition

To successfully file a pro se case, you must first get a copy of the complete bankruptcy petition. Your local bankruptcy clerk should have a copy of all necessary forms, or you can usually go to the website of your local bankruptcy district or that of the United States Courts. As long as you complete all of the forms in the petition and sign where required, you can submit them without the help of an attorney. If you have a helpful bankruptcy clerk, he may even tell you if you omitted a form or a signature on your petition when you submit it.

Pitfalls

Some mistakes that a pro se debtor may make are relatively minor, such as forgetting a form or making a mathematical error. You can correct small errors such as these by filing an amendment to your bankruptcy petition with your local court. However, if the trustee in your case objects to your petition, or if one of your creditors files an adversary proceeding against you, you may be in over your head. Objections such as these are mini-lawsuits within your bankruptcy case, full of additional legal paperwork and terminology. Without an attorney, you will have to go to court and defend yourself. It can be difficult to impossible for a non-attorney to research and understand bankruptcy law in time to prepare a proper defense to an adversary proceeding.

References

• United States Courts: Filing for Bankruptcy Without an Attorney
• United States Bankruptcy Court District of Delaware; Local Rules; February 2008
• Bankruptcy Law Network; Bankruptcy Basics: What Is an Adversary Proceeding?; Karen Oakes
• Bankruptcy Law Network; Should I Get a Bankruptcy Attorney?; Rachel Lynn Foley
• Cornell University Law School: Federal Rules of Bankruptcy Procedure
• U.S. House of Representatives: Downloadable U.S. Code -- Title 11 -- Bankruptcy

Resources

• U.S. Courts: Bankruptcy Forms