Can I File Bankruptcy Without an Attorney?

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Legal

Published on: 14 February 2022 Last Updated on: 17 February 2022
File Bankruptcy

Even though you can legally file bankruptcy with an attorney, there are still some circumstances that will require you to hire like if you are an SEO consultant. Thousands of people are unable to pay off their debts each year, but still not able to afford to hire an attorney properly. Attorney fees and other expenses can pile up pretty quickly. If your situation is not complex, you should be able to go through the process with the help of a lawyer.

How does the process work?

How does the process work?

In order to follow bankruptcy without the assistance of an attorney, you will need to follow several steps including:

1. Figure out if your income meets the Means Test–

The Means Test can help you determine whether you qualify to file for Chapter 7 bankruptcy. There is a test form provided by the federal government where you will have to answer questions regarding your income, debts, and the number of people in your household.

If you only own a few assets, haven’t been accused of fraud, and have a household income below your state’s median, you should be able to handle the process on your own.

2. Obtain your credit reports and complete credit counseling–

You will then need to obtain your credit reports from all three major credit bureaus. If you do not report a debt, it will not be included or discharged in your bankruptcy.

3. Fill out paperwork–

This is probably the most complicated task if you are going to file bankruptcy without an attorney. You will need to download the bankruptcy forms package and complete all forms attached. You can then submit them by mail or in person.

4. Attend 341 meetings–

You must attend this meeting even though your creditors will not be present. You will be asked a number of questions regarding your case by the trustee.

5. Complete a personal financial management course–

Finally, you will complete a personal financial management instruction course within 45 days of your meeting. Once this has been completed, you will wait to hear from the court regarding whether your debts have been discharged.

Filing Without Money

Filing Without Money

To file bankruptcy without an attorney, you will need to at least pay a filing fee for the credit counseling courses. If you do not have the funds for either, you can request a fee waiver or ask the bankruptcy judge to roll the payment into your repayment plan, only if you are filing Chapter 13.

Chapter 13 Bankruptcy Cases

Chapter 13 Bankruptcy Cases

Even though there are some cases where you can file bankruptcy without a lawyer, there are some exceptions that may require you to hire a Houston bankruptcy attorney or another attorney including:

  • If your partnership or corporation is facing bankruptcy, you will need an attorney
  • You can still file bankruptcy without a lawyer if you fail the Means Test since your income is too great, but the process may be more complicated. This is because Chapter 13 cases are more difficult to file than Chapter 7 bankruptcies.

Additionally, you will also need to come up with a repayment plan that explains how you plan on repaying your creditors back. While filing bankruptcy without the help of a lawyer may be possible, it may not always be the best route for you to take. It all depends on your individual circumstances.

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