You have the legal right to file bankruptcy on your own. But doing it right takes more care than most people expect. Here's what you need to know.
No matter which state you live in, you can legally file bankruptcy without an attorney. The right to represent yourself — called filing pro se — is guaranteed by law.
That said, bankruptcy law is complex. It's often worth consulting a licensed attorney before making final decisions, because the consequences of mistakes can be severe.
Attorney fees for a routine consumer bankruptcy typically run $1,600 to $2,000. This is on top of the court filing fee.
Attorneys provide legal advice, select the right chapter, review your answers for legal sufficiency, and represent you at hearings.
We type the forms based on the information you provide. We don't give legal advice, select forms for you, or represent you in court.
Cost is typically much less than attorney fees — but you stay responsible for all decisions about your case.
If you decide to file entirely on your own, prepare thoroughly. Read everything you can about the process. Take your time.
Bankruptcy paperwork seems simple enough, especially since the 2005 law changes. It's very tempting to do it yourself — maybe you feel you have nothing to lose, or maybe you simply prefer to handle your own work.
Unfortunately, there are quite a few mistakes that individuals make when filing on their own. The biggest problem is leaving a creditor or some property off the paperwork.
Even if you believe a debt can't be discharged, leaving it off is a mistake. Even if you leave something off on purpose (because you want to repay that debt), it causes the court to have an incomplete picture of your finances. The court needs to know everything about your case to properly handle your filing.
When property is left off the schedules, it's most often because people simply forget. Here are the most common forgotten items:
401(k), IRA, pension, and other retirement accounts — even if they seem off-limits.
Any refund owed to you — federal or state — for the current tax year.
Any interest in a trust, even if you don't control it directly.
An interest in a probate estate that hasn't yet been distributed.
Ownership in any business partnership or LLC — even a small stake.
Any lawsuit you've filed — the potential settlement is an asset.
We are a document preparation service. We do not give legal advice, select forms for you, review your answers for legal sufficiency, or represent you in court.
What we do provide:
You make all the decisions. You review every page. You sign. You file with the court.
Call us. We'll explain what we do and what we don't do.