Question

Is it possible to file for bankruptcy alone?

I am not sure how to pay for an attorney as I am already in a lot of debt. What are the consequences of filing for bankruptcy on my own? Are there any benefits?
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
It is possible to file bankruptcy without an attorney but not advisable, as some people who have tried that end up losing property, money, etc. because they don't know what they are doing. I personally know of an individual who didn't want to pay an attorney. He filed bankruptcy himself and lost almost twice as much money than he would have paid the attorney if he had hired the attorney to do the bankruptcy.

Answer Applies to: Indiana
Replied: 11/18/2011

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Answered By: Philip R. Boardman, Attorney at Law
Yes, you certainly can file on you own. However, it is not recommended. Filing for bankruptcy has many technical requirements. You should speak with an attorney to find out if there would be a payment plan that would be workable for you.

Answer Applies to: Virginia
Replied: 11/16/2011

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Answered By: Paul Stuber, Attorney at Law
You can file a bankruptcy without an attorney. There is help at the court's website. It would save the cost of an attorney but the process is a complicated one and it usually works better with an attorney.

Answer Applies to: Colorado
Replied: 11/16/2011

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Answered By: Joseph Lehn, Esq
The court does allow "pro se" (filing without an attorney) bankruptcy filings. Though you might feel that it is worth saving the attorneys fees, you could lose more money, property, etc. if there are issues that you do not consider before filing or are not aware of.

Answer Applies to: Florida
Replied: 11/15/2011

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Answered By: Janet A. Lawson Bankruptcy Attorney
There are risks. There are people who file on their own. When it goes bad though, it goes real bad. Shop around, the fees are not fixed.

Answer Applies to: California
Replied: 11/14/2011

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Answered By: Mercado & Hartung, PLLC
Yes but it's not recommended. You should hire a professional that knows what they are doing.

Answer Applies to: Washington
Replied: 11/14/2011

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.

Answered By: Alfred Law Firm
Yes you can always file for bankruptcy on your own (or pro se). The benefit to filing pro se, is that you save money on attorney's fees. The con is that you will be alone in the process. You will have to prepare the petition on your own, attend hearings on your own, and, if any issues arise (like a creditor filing an action to lift the stay as to its account), you will not have anyone to defend you. If you are considering a chapter 13, your attorney's fees can be paid from the plan after you file and get approved.

Answer Applies to: Georgia
Replied: 11/13/2011

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Answered By: John Greifendorff
It's not the solitude that counts it's the knowledge. If you're uninformed you're playing a dangerous game and likely to lose. Many lawyers will consult with you for 1/2 an hour at no charge. That's time well spent. Check www.nacba.org to find one near you.

Answer Applies to: California
Replied: 11/12/2011

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.

Answered By: Heupel Law
Yes, you can file bankruptcy without an attorney. Remember though that bankruptcy is a federal law governed by federal rules of procedure and evidence. The consequences of filing without an attorney is that you'll lose certain property that could have been protected through proper planning. It's not worth the risk to save a few bucks.

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

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.

Answered By: Diefer Law Group, P.C.
Yes, you can file a bankruptcy without an attorney. Although an attorney is recommended, sometimes it is not feasible to have one. If such is the case, you could file on your own. I would recommend that you do some research to make sure you know how to fill out the paperwork.

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

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.

Answered By: The White Rose Group
It is possible to file for bankruptcy pro se.

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

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.

Answered By: The Law Office of Darren Aronow, PC
It is difficult to file bankruptcy without an attorney, but you can go on the website for your local bankruptcy courts and get an application for a "pro se" debtor, which means you are filing without an attorney. However, without having knowledge of the bankruptcy system and without knowing the exemptions, you can put yourself in risk.

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

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.

Answered By: Law Office of Michael Johnson
You can file on your own, however, if you do something incorrect you may not obtain a discharge. You should consult with an attorney, many attorneys allow for small payment plans.

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

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.

Answered By: Rosenberg & Press
There are no benefits! The danger of filing without an attorney far outweighs the benefit of saving a couple thousand dollars. Save up and wait. The consequences are dire and could mean a long drawn out investigation and audit by a federal trustee.

Answer Applies to: Connecticut
Replied: 11/11/2011

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.

Answered By: Carballo Law Offices
The benefit is obvious: no attorney's fee. The bad consequences could be many, including dismissal of your case, denial of the discharge, frustration with the process and a lot of time wasted, losing property not exempted, etc. Anytime you do something you don't know how to do, particularly a legal case which is a very serious matter, there may be bad consequences from doing it wrong or making a mistake that cannot be corrected.

Answer Applies to: California
Replied: 11/10/2011

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.

Answered By: Evans & Evans Law Firm, LLC
Is it possible to file for bankruptcy alone? - YES, but it is not advisable. As a non-lawyer, you will not have the day-to-day working knowledge of bankruptcy to know WHICH chapter is better for you and WHY. Question Detail: I am not sure how to pay for an attorney as I am already in a lot of debt. What are the consequences of filing for bankruptcy on my own? Are there any benefits? - No consequences other than what relief you may not avail yourself of simply because you don't have a comprehensive working knowledge of bankruptcy. For example, do you know WHAT liens you may want to avoid AND WHY? Do you know what process is necessary to avoid various liens? You may obtain a personal discharge from the debt, but could ultimately end up losing the personal property because you didn't properly avoid a lien.

Answer Applies to: South Carolina
Replied: 11/10/2011

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.

Answered By: Weber Law Firm, P.C.
You are legally permitted to file without an attorney, but it is a terrible idea. Bankruptcy is a very complex filed and should never be attempted without using an attorney.

Answer Applies to: Texas
Replied: 11/10/2011

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.

Answered By: Ashman Law Office
The consequences are usually that you will screw things up, and possibly see your discharge denied, and you may lose things you could have kept. In other words, do not file until you can get a lawyer.

Answer Applies to: Georgia
Replied: 11/10/2011

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.

Answered By: Moore Taylor & Thomas PA
I can't think of any benefits except if you do a stellar job you will have saved money but most people need a lawyer especially for the exemptions.

Answer Applies to: South Carolina
Replied: 11/10/2011

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.

Answered By: Gregory J. Wald, Attorney at Law
I assume that you are married and want to file without your spouse. You can do this, but if you have any joint debts with your spouse, your spouse will remain liable on those debts.

Answer Applies to: Minnesota
Replied: 11/10/2011

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.

Answered By: Bankruptcy Law office of Bill Rubendall
Bankruptcy can be filed without an attorney. There are risks, however, of losing property that is not properly claimed exempt. There are other reasons, too many to mention, that filing a pro se case is risky. At the least, take your bankruptcy papers to an attorney to review them before filing. It is possible to get a free or low fee consultation in many instances.

Answer Applies to: California
Replied: 11/10/2011

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.

Answered By: Symmes Law Group, PLLC
It's possible but not advisable. Hiring an attorney will allow you to sit back and not stress about whether things were done right or not. Also bankruptcy law can be complicated so you should leave it to the professionals if you want something done right.

Answer Applies to: Washington
Replied: 11/10/2011

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.

Answered By: Mikhail Law Group, APC.
You can certainly file alone. You can hire a bankruptcy petition preparer. If you want full representation, you can hire an attorney.

Answer Applies to: California
Replied: 11/10/2011

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.

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