You are free to file your bankruptcy petition without an attorney; but it may not be the wisest thing to do, especially if your case is complex.

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

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It is certainly possible to file for Bankruptcy without an attorney, but it does require a lot of time and understanding of the Bankruptcy law and procedure. Filing for bankruptcy requires an enormous amount of forms to be filled out, and you want to make sure that you are correctly filling in all the right information so as not to have your bankruptcy petition denied. You also want to make sure that you do not miss any creditors, debts, or that you do anything that could cause problems for your filing, such as transferring property or assets to family members as to avoid them from being taken away to pay the debt. Many bankruptcy attorneys, like myself, usually do not charge a large amount to file a bankruptcy petition. For example, I usually charge $1500.00 for the entire process, including Bankruptcy hearing appearances, but only ask that $750.00 be paid up front to cover the entire process. If that is something that you have the ability to pay, you may be safer to hire a bankruptcy attorney rather than taking the chance on your own.

Answer Applies to: New York
Replied: 11/2/2011

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It is legal to file without an attorney. It is just difficult and may not be in your best interest. If you are considering it read the court's web site on pro se filing. If you still think you want ti file yourself study the Nolo Press books on bankruptcy. If you have a house, owe taxes, are divorced or have other financial circumstances that complicate the matter go and see a local knowledgeable bankruptcy attorney before you decide.

Answer Applies to: California
Replied: 11/1/2011

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It is legal to file bankruptcy without an attorney, but not advisable. Remember, bankruptcy is a federal law governed by legal rules and procedures. I've been a bankruptcy lawyer for several years and still learn new things. While you have to pay a lawyer to file bankruptcy, at least you know you'll get a discharge and your bankruptcy will go well. That alone is worth the expense.

Answer Applies to: Colorado
Replied: 11/1/2011

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You can but it is not advisable, even attorneys screw it up sometimes.

Answer Applies to: Georgia
Replied: 10/31/2011

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Anyone can file a bankruptcy as a Pro Se debtor (without an attorney). Whether or not you should file a bankruptcy as a Pro Se debtor is something that should be carefully considered. Most attorneys charge a flat fee to file your petition and to represent you in various hearings. I have seen some debtors do a decent job in representing themselves in bankruptcy, but the majority of Pro Se debtors usually end up hiring an attorney because they find the bankruptcy code to be difficult to navigate and the court and trustees require the same level of competence in completing your petition as if a bankruptcy attorney had filed your petition. The complexity of your situation may also help you decide whether or not to hire an attorney.

Answer Applies to: Georgia
Replied: 10/28/2011

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Yes you can file on your own or "Pro Se". It is much more difficult and you are likely to have significant errors, but its possible.

Answer Applies to: Utah
Replied: 10/27/2011

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It is possible and it will usually be a nightmare. Pro se bankruptcies almost always go south in a hurry, and your mistakes can cost you assets, money and even a successful outcome. Some mistakes can actually land you in federal prison. Bankruptcy is complex, and using a lawyer increases the chance you will retain assets, have a better outcome and a lot less stress. Given the minimal cost to do it right, frankly only very foolish people file pro se bankruptcies.

Answer Applies to: Georgia
Replied: 10/27/2011

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Yes, it is possible and legal to file Pro Se (I.E. without a lawyer) but I have seen many cases go the wrong way because a case was filed without an Attorney. Bankruptcy Law can be complicated and if you are not familiar with the Law, you can end up losing property that you could otherwise keep.

Answer Applies to: Georgia
Replied: 10/27/2011

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It is possible to file for bankruptcy without an attorney but not at all recommended.

Answer Applies to: Indiana
Replied: 10/27/2011

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Ye,s it is legal and yes, it is possible to file without an attorney. It would not be smart move though.

Answer Applies to: Colorado
Replied: 10/27/2011

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It is legal to file without an attorney and while it is possible to file without an attorney, handling your own legal matters is a bit like performing surgery on yourself. That is - not recommended. Bankruptcy is a complex and highly technical area of the law and it's better to have the assistance if a skilled lawyer than trying to learn all about it yourself.

Answer Applies to: Washington
Replied: 10/27/2011

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It is possible to do anything without an attorney; it's just not very smart. If you decide to do it yourself, you need to understand that you need to learn as much as a competent attorney would about the bankruptcy laws and process or you may find yourself in serious trouble and cost yourself a lot of money.

Answer Applies to: Colorado
Replied: 10/27/2011

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You can file bankruptcy pro se, (without an attorney), but it is not recommended since the bankruptcy laws and procedures are complex.

Answer Applies to: Illinois
Replied: 10/27/2011

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A debtor can file a bankruptcy without an attorney. However, keep in mind the following things. If you own property you may lose it if you don't claim the right exemptions. Your case can be dismissed if procedures and forms are not correct. You might be sued for nondischargeability of a debt. You may have made voidable transfers. You may not choose the best chapter of bankruptcy. There are numerous other problems that could occur. An attorney will advise you as to things. Money spent may save you from disastrous results.

Answer Applies to: California
Replied: 10/27/2011

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Yes it is possible to file without an attorney. It is legal for a person to represent themselves in any court action. I will advise that you should have an attorney. In the words of one of Americas greatest legal scholars, "a person who goes to court without legal representation has a fool for an attorney."

Answer Applies to: California
Replied: 10/27/2011

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It's legal and it's possible. The question is, is it smart? If you don't know what you are doing, you can lose assets, fail to get debts discharged and even get in trouble with the court if you misstate something.

Answer Applies to: Colorado
Replied: 10/27/2011

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Sure, you can file without an attorney. Just like you could pull your own tooth without a dentist. I recommend against it, but if you're going to, read cover-to-cover, "How to file your own Chapter 7" from Nolo Press first.

Answer Applies to: California
Replied: 10/27/2011

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There is no law that requires you to have an attorney when you file for bankruptcy. But there's no law against doing your own appendectomy, either. Both are bad ideas. I know, attorneys cost a lot of money. But we really make an effort to worth our pay. And the Bankruptcy Court insists that we serve our clients well or suffer the wrath of the Court. Take a look at a blank bankruptcy petition. Note how large and complicated it is. Remember, this is a real court. If you make an error, there will be no mercy or "do-overs." You can lose property easily if you file a defective petition. Worse, there are criminal penaties as well for failing to list things correctly. Many attorneys don't charge for the initial consultation. Find one and see if they don't do you a world of good in the first visit. Well. if they can help that much in one free visit, imagine how much better paid representation could be.

Answer Applies to: Ohio
Replied: 10/27/2011

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There is no requirement that you use an attorney. You also don't need a dentist to pull a bad tooth, but it is not advisable.

Answer Applies to: California
Replied: 10/27/2011

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You are legally allowed to file without an attorney, but I would suggest at least talking with an attorney. Most offer a free consult. At least get some advice before doing it alone.

Answer Applies to: Arizona
Replied: 10/27/2011

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Yes, you can go on the court website for your district and file "pro se", which means without an attorney.

Answer Applies to: New York
Replied: 10/27/2011

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Yes. It is probably not a good idea, but you can do so.

Answer Applies to: Texas
Replied: 10/27/2011

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Yes you can file without an attorney. Check with your local bankruptcy court for self-help programs.

Answer Applies to: California
Replied: 10/27/2011

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You are allowed to file for bankruptcy "pro per" (without an attorney). However, it is a very difficult process and the paperwork at times seems endless. An attorney knows what needs to be filed, what needs to be in your schedules, statements, petition and other documents and what needs to be submitted to the court and trustee and when the documents need to be submitted. My advice is that hiring a bankruptcy attorney can make the process smooth and less stressful on you.

Answer Applies to: Michigan
Replied: 10/27/2011

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While the law does not require you to be represented by an attorney in order to file bankruptcy, it is highly advisable. If the bankruptcy procedures are not followed, your case will be dismissed. You might say that trying navigate this "minefield" is similar to performing your own surgery.

Answer Applies to: Virginia
Replied: 10/27/2011

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Yes you can represent yourself but your are expected to know the law. Bankruptcy is a very complex process where there is a possibility of losing assets. I highly recommend hiring an attorney.

Answer Applies to: Georgia
Replied: 10/27/2011

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You have a right to represent yourself in a legal proceeding. Bankruptcy is complicated and requires an understanding of the federal Bankruptcy Code as well as access to the federal electronic filing system. The Bankruptcy Court is very particular about adherence to its rules and procedures. Any mistake will delay your discharge; many may result in the dismissal of your petition. You are better off retaining a bankruptcy attorney to handle this process for you.

Answer Applies to: Massachusetts
Replied: 10/27/2011

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You are free to file for bankruptcy relief without an attorney. However, most people rapidly become overwhelmed by the complexity of the process and are not able to successfully handle it without professional assistance. If you file your petition on your own, and then discover that you have made a lot of mistakes, it will usually cost you more money to get a lawyer to fix it for you than if you had used a competent attorney from the very beginning.

Answer Applies to: Virginia
Replied: 10/27/2011

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Yes. Best to get a copy of the Nolo Press book on how to do your own. If it turns out that you are required to file a Chapter 13 bankruptcy you will need help, but a Chapter 7 is straightforward enough to be done yourself.

Answer Applies to: California
Replied: 10/27/2011

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Yes, you can but I really don't recommend it.

Answer Applies to: Michigan
Replied: 10/27/2011

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.

Yes, it is both legal and possible to file without an attorney, however it isn't necessarily recommended. An experienced Bankruptcy attorney can help you navigate through the process ensuring that you are able to keep as much of your property as possible, as well as avoid many other problem areas. If you are in my area and are looking for an attorney, please contact me for a free consultation.

Answer Applies to: California
Replied: 10/27/2011

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It is possible to file without an attorney. It is also possible to conduct surgery on yourself but I wouldn't advise it.

Answer Applies to: Colorado
Replied: 10/27/2011

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It is legal to file without a lawyer, but it is not very wise. The laws are complex and sometimes even people who don't have much income or property can have issues in Bankruptcy Court. I have taken over representation in many cases that people tried to file themselves, but ran into trouble. It would have been less expensive and a lot less trouble for them if they had hired me to begin with. The "paralegal services" who offer to prepare your papers for next to nothing are merely typing services. They are not authorized to practice law or educated to do so. Hire an experienced bankruptcy lawyer and have some peace of mind that your case is being handled correctly.

Answer Applies to: Minnesota
Replied: 10/27/2011

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Yes, however, due to the complexity of bankruptcy law, it is not advisable. The non-lawyer trying to file his or her own case will not be aware of why he or she may want to choose Chapter 7 over Chapter 13. Also, the timing of a filing can greatly affect a case, too. It is possible, but not advisable. The Trustees will warn debtors at the meeting of creditors that because of the complexity of bankruptcy law, debtors are highly advised to seek legal assistance to be sure they are getting the full advantage of their bankruptcy filing.

Answer Applies to: South Carolina
Replied: 10/27/2011

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Yes, if you qualify for bankruptcy.

Answer Applies to: California
Replied: 10/27/2011

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Yes, absolutely. An attorney is not required by law when filing for personal bankruptcy in a New York based Federal Court.

Answer Applies to: New York
Replied: 10/27/2011

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Yes, it is possible but not advisable, especially if you need to file a Chapter 13 case. The cost of messing up your bankruptcy can be pretty significant.

Answer Applies to: Ohio
Replied: 10/27/2011

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Yes you can, but there are a lot of things you can do without a professional. Just realize some of the documents and issues do require some expertise.

Answer Applies to: Florida
Replied: 10/27/2011

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.