Best to have a lawyer who will take payments over time.

Answer Applies to: Georgia
Replied: 11/9/2011

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There is no law that says you have to hire an attorney to file for bankruptcy. However, filing bankruptcy is a complex matter and I do not advise you to file on your own unless you are somewhat familiar with the bankruptcy laws or you know someone who does. You may also consider contacting a local agency or bar association that provides legal services at a reduced rate.

Answer Applies to: Georgia
Replied: 11/6/2011

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You have the right to file your own bankruptcy. Get a book such as How to File for Chapter 7 Bankrupty by Nolo Press. Pro se debtors tend to make mistakes in claiming exemptions, means test issues, and reaffirmations and these mistakes can ultimately cost them thousands of dollars and possibly their right to a discharge.

Answer Applies to: Colorado
Replied: 11/4/2011

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You can try to file bankruptcy without a lawyer but often that is inadvisable.

Answer Applies to: Indiana
Replied: 11/4/2011

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Yes you can. The district website has some information and forms. It is possible to file without a lawyer but be aware it is complicated and you have to provide information outside of the petition to the Trustee.

Answer Applies to: Colorado
Replied: 11/3/2011

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Yes but it is difficult and has a much higher chance of being dismissed because you may miss something. You can always represent yourself in any legal matter, it just isn't advisable.

Answer Applies to: Utah
Replied: 11/3/2011

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You can try. Whether or not you'll be successful is another matter.

Answer Applies to: California
Replied: 11/3/2011

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Yes, you can go online to the courts for your district and follow the instructions for a "pro se" debtor.

Answer Applies to: New York
Replied: 11/3/2011

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Call your local legal aid before you file something wrong and piss the judge or the trustee off. If you do piss them off, they'll "recommend" you hire a lawyer anyway.

Answer Applies to: Florida
Replied: 11/3/2011

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Yes. You can file yourself as there is no law that prohibits a person from representing themselves in any legal proceeding. I would not advise it. There are many pitfalls and the paperwork can be difficult.

Answer Applies to: California
Replied: 11/3/2011

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It is always possible to represent yourself in a court proceeding. You have a Constitutional right to do so. Nevertheless, it is usually not a good idea. Bankruptcy is a federal matter and is governed by complex rules. The procedures involved in filing alone can be confusing to the uninitiated. Making the wrong mistakes can cause your bankruptcy petition to be dismissed or worse. It is in your best interest to retain a bankruptcy attorney who will help you work out a payment plan for fees prior to filing. Many people get money from relatives or friends to pay for their bankruptcy fees.

Answer Applies to: Massachusetts
Replied: 11/3/2011

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Yes. You can file pro se (without an attorney). However, that is not advisable given the many pitfalls and expertise necessary to get your discharge.

Answer Applies to: Virginia
Replied: 11/3/2011

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Yes you can, in fact attorneys are required to disclose that to you. Check with your local bankruptcy court for a self-help clinic.

Answer Applies to: California
Replied: 11/3/2011

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There is NOTHING that prohibits you from filing bankruptcy on your own, HOWEVER, you probably won't make the MOST of your filing without knowing the nuances of the bankruptcy code. Its certainly NOT advisable.

Answer Applies to: South Carolina
Replied: 11/3/2011

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Yes. There are a number of places that provide forms for this purpose. In many jurisdictions, Colorado being one, classes are sometimes offered to help with this process. Check with the Bankrupcy Court staff.

Answer Applies to: Colorado
Replied: 11/3/2011

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Yes. You may file without an attorney.

Answer Applies to: Texas
Replied: 11/3/2011

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You can, but it is not easy and the clerks at the court really can't help you. Try legal services or see if there is pro bono program in your area where an attorney will do it for you for free. Good luck!

Answer Applies to: Michigan
Replied: 11/3/2011

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You do not need to hire an attorney to file for bankruptcy. Look at the website for the bankruptcy court for your district (either Eastern or Western District of Wisconsin Bankruptcy Court) and they have a Pro Se or "filing on your own" link to assist you with the filing process and understanding what happens in bankruptcy.

Answer Applies to: Wisconsin
Replied: 11/3/2011

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Yes, you can represent yourself, but it is not just filling out some forms. If you needed a cavity filled, you would find the money to pay a dentist to do it. Same with legal matters.

Answer Applies to: California
Replied: 11/3/2011

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You can, but remember bankruptcy is a legal process governed by federal rules of procedure. Thus, it is very risky to file without an attorney.

Answer Applies to: Colorado
Replied: 11/2/2011

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It is often said, and with good reason, that a person who acts as their own lawyer has a fool for a client. You never need to hire an attorney and can do everything yourself. However, you are running significant risks if you don't know what you are doing. You need to carefully study the bankruptcy code, state laws (particularly those regarding exemptions), the federal rules of bankruptcy procedure and the local rules. If you can get a good handle on all of that, you can competently represent yourself. In reality, the cost of hiring an experienced bankruptcy attorney is a bargain.

Answer Applies to: Colorado
Replied: 11/2/2011

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You are allowed to file a pro se bankruptcy, representing yourself. However, you should take you papers, before filing, to an attorney to review. You should be able to get a free consultation if you phone several attorneys for an appointment.

Answer Applies to: California
Replied: 11/2/2011

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You can do it yourself but be prepared to spend lots of time studying bankruptcy law and procedure. You need to buy a do-it-yourself book and read it cover to cover and then if you understand it all and you know all the risks you can decide whether you should go at it unrepresented. At the very least you should have a consultation with an attorney first to find out the risks involved in your particular situation. It has been said that one who represents himself/herself has a fool for a client (Ben Franklin I think)... so keep that in mind and be ready for the frustrations that comes from doing something the first time that you do not know anything about. I don't think you can afford not to have a lawyer but a small percentage of people do file Chapter 7 “pro se" (without a lawyer) and a good percentage of those are successful (although he people seem frustrated and nervous about it). Keep in mind that once you file lawyers don't want to step in to help you with problems that might arise in your case and if you find a lawyer then it will cost more than having the lawyer handle it from the beginning. Bankruptcy attorney are busy now and don't want broken cases (i.e., cases that have gone wrong because it wasn't done right from day one). Good luck.

Answer Applies to: California
Replied: 11/2/2011

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The is no requirement to have an attorney but you would benefit from legal advice.

Answer Applies to: Minnesota
Replied: 11/2/2011

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You can file for bankruptcy yourself and there are self-help resources available on the web page of most district bankruptcy courts. However, having a lawyer assist you through the process is always advisable to determine which Bankruptcy Chapter you should file under, for proper exemption planning, for compliance with all disclosure and other bankruptcy rules, and to see that you ultimately receive a discharge. They can also assist you with stopping any collection actions in state court, from creditor calls to wage garnishments, pre- and post- bankruptcy.

Answer Applies to: California
Replied: 11/2/2011

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Yes, you can file yourself in pro-per. You can get all the necessary forms for the US Bankruptcy Court website and fill them up, print it and sign and file with the court.

Answer Applies to: California
Replied: 11/2/2011

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That is usually the biggest mistake you can make. Filing yourself will usually be a financial catastrophe, and the mistakes with exemptions, a discharge and so on will often cost you far more than the frankly low fee lawyers charge. If you cannot afford counsel yet, do NOT file, and save until you can afford a lawyer.

Answer Applies to: Georgia
Replied: 11/2/2011

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Yes, you can file bankruptcy yourself but I wouldn't advise it.

Answer Applies to: Colorado
Replied: 11/2/2011

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Yes you can but it is not advisable.

Answer Applies to: Washington
Replied: 11/2/2011

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You can do it yourself and you can cut your own hair. I'd generally advise paying a professional to do either. If you don't have the money, make payments or save until you do. If you screw up your hair, at least it'll grow back. Make a mistake on your bankruptcy and it may cause permanent damage. Good luck either way!

Answer Applies to: California
Replied: 11/2/2011

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Yes. I would not advise it.

Answer Applies to: Michigan
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.