It is possible to carry out the research and file forms for bankruptcy yourself, without needing the services of lawyer. However, the law regarding bankruptcy is complex and it is therefore advisable that an individual seeks the advice of a reputable bankruptcy attorney. Filing for bankruptcy by yourself means you will be held responsible for knowing the Federal Rules of Bankruptcy Procedure as well as the Bankruptcy Code. Unrepresented individuals are not given any special consideration in court.
Bankruptcy Lawyer Fees
If you are concerned about hiring a specialist bankruptcy lawyer because of potential cost, it is worth shopping around before completely ruling it out. Many bankruptcy lawyers will give you a preliminary meeting for a small fee; some may offer you one for free. This will give you the opportunity to discuss your options with someone who is qualified and knowledgeable in bankruptcy law.
Self-Representation in Bankruptcy
It is extremely important you take the time to ensure your bankruptcy case is handled and filed correctly. If your case is dismissed on the grounds of failure to file a required document you may not be given the opportunity to file another case. You also run the risk of losing protections for any future case you do file. You must also be certain everything regarding your bankruptcy is completely honest. Individual bankruptcy cases are subject to random auditing to check for completeness of information, truthfulness and accuracy. Fraud is taken extremely seriously.
Credit Counselor
Individuals planning to file for bankruptcy are usually expected to seek credit counseling from an approved counselor, at least 180 days before they plan to file. The credit counselor will then provide a certificate and statement of compliance to the court. If you fail to do this you risk having your case dismissed outright.
Free Bankruptcy Legal Services
The courts strongly advise individuals filing for bankruptcy to seek the advice of a specialist lawyer. If you are unable to meet the costs of a bankruptcy attorney you may qualify for free legal services. Contact your state or local bar association and they will provide you with relevant information regarding free attorney services. You should also try law schools, which often provide legal clinics free of charge.
Bankruptcy Petition Preparers
