If you can’t pay your bills and need to file bankruptcy and are asking “can I file bankruptcy without a lawyer” then you have come to the right place! The answer to your question is yes. Yes, you can file bankruptcy without a lawyer however, I would not recommend it.
There have been times where I have been to court and seen bankruptcy debtors filing and attending their hearing without a lawyer. I have seen many disastrous situations when these people represent themselves in bankruptcy court.
Many people think filing bankruptcy is so easy and that if they can save themselves some money and file bankruptcy on their own they should. I highly recommend hiring an attorney.
Reasons Why to Hire a Bankruptcy Attorney and not File Bankruptcy Without an Attorney:
- If you were charged criminally would you go and represent yourself in court? Maybe you would but I would hope not? So, how is filing for bankruptcy any different? When you file bankruptcy you are creating a petition and going to court to testify under oath that everything in your petition is true and correct. If you do not fill out your petition properly you can go to jail for committing bankruptcy fraud or even have the US trustees office look further into your case and deny your discharge.
- Chances are if you have property or any other assets you probably will not know how to exempt it properly. There are certain federal and state exemptions when you file bankruptcy that need to be done properly. Attorneys know how to file a bankruptcy petition using the proper bankruptcy exemptions. If you do not use these bankruptcy exemptions properly then you run the risk of giving up your assets in your bankruptcy. This means that the trustee will take any of your unexempt assets and sell them to pay your creditors.
- Attorneys know the procedures in court and can prepare you when you go to court. Many people don’t realize that when you file a bankruptcy petition you do have to attend a 341 meeting. A 341 meeting is a meeting of creditors. There, you meet with a trustee that represents your creditors and he reviews your petition to make sure it was done correctly. Creditors are also given a chance to object to your discharge at this meeting. Attorneys have usually attended numerous 341 meetings and are able to well prepare you for the questions that will be asked. Many times when people file bankruptcy without a lawyer they don’t understand the question the trustee is asking or are not prepared to go into the hearing.
- Attorneys will make sure that everything in your case is properly filed and that the trustee gets all of the requested documents. When you file your case there are certain things that you may have to file along with your petition and schedules. Attorneys know what sorts of things need to be filed. If these documents aren’t filed by a certain time your case can get dismissed. Moreover, the trustee will request a bunch of documents be sent prior to the first meeting of creditors. Having an experienced bankruptcy attorney help you can ensure that all of the documents are properly sent to the bankruptcy trustee.
If you are thinking “can I file bankruptcy without a lawyer” I think you should strongly reconsider. Paying the extra money to have the proper representation is worth it. It can save you a lot more headache and stress then you may encounter!
Even if you do not end up hiring a bankruptcy lawyer to represent you, I highly recommend at least sitting down with one to make sure you are filing the right chapter of bankruptcy and do qualify.