Yes, you can file for bankruptcy without a lawyer. This is called pro se filing, a bankruptcy petition submitted by an individual without legal representation. However, because bankruptcy has long-term financial and legal consequences, consulting a knowledgeable attorney is highly advised.
Pro se filing refers to a bankruptcy petition submitted by an individual without legal representation. However, because bankruptcy has long-term financial and legal repercussions, consulting a knowledgeable attorney is highly advised.
The process of filing bankruptcy should be conducted with care, significantly, since many pitfalls can derail your case.
Pro se bankruptcy is joint among people who have simple debt problems and do not earn much money. If you are considering filing for bankruptcy on your own, read on to learn more about this process.
How Difficult Is It To File For Bankruptcy?
The difficulty of filing for bankruptcy depends on many factors, including your income, assets, and debts. If you have high-value assets (such as real estate or stocks), you may find it very difficult to keep those assets if you file for bankruptcy.
In some cases, such as Chapter 13 bankruptcy, you may be able to pay back some of your debt through a repayment plan over 3-5 years or so. In other cases like Chapter 7 or 11, all of your unsecured debt (credit cards) will be discharged immediately, and you won’t owe any money after filing for bankruptcy protection.
You’ll also have to prove that you’re broke (meaning you don’t have any money). And finally, if you own property that has equity (like a house), you’ll probably have to sell it before filing for bankruptcy.
The good news is that many people who want to file for bankruptcy can do so without any trouble. It’s best in these cases if the person has done all they can on their own before filing for bankruptcy protection.
This includes talking with creditors, making payments on time, reducing expenses as much as possible, and trying other options like debt consolidation or debt settlement programs first.
For married couples, if one spouse files for bankruptcy and does not want to file, they must furnish the court with a copy of their spouse’s certificate within 30 days of filing their case. Individual Debtors certificate is good for seven years from the date of completion.
If your social security benefits are exempt from collection under state law, you do not need to include them in Schedule C.
Can You File For Bankruptcy If You Have No Money?
Yes, you can apply for bankruptcy even if you’re unemployed and make little money. Attorney fees, filing fees, and credit counseling course fees comprise the bulk of the expenditures associated with the bankruptcy filing.
You may be qualified to have the bankruptcy court waive the filing cost if your income is less than 150% of the federal poverty level.
If you have a minimum wage, you can apply for bankruptcy. Many people who earn minimum wage or less end up filing for Chapter 7 or Chapter 13 bankruptcy protection after they lose their job and can no longer pay their bills on time.
You can also file for it if you can’t afford the attorney’s fee. Some attorneys work on a contingency basis, so they don’t collect fees until after your case has been closed out by the court — usually within six months after filing — and only if your claim was successful.
When It May Be A Good Idea To File For Bankruptcy Without A Lawyer?
Bankruptcy is serious, and you should consider hiring an attorney to represent you. However, pass the first part of the Chapter 7 means test because your annual household income is below the state median, and there are no assets to protect in your case. It may be possible for you to handle your bankruptcy case without legal representation.
You don’t own much property, yet exemptions can help you safeguard your assets. There are no prioritizing debts that you cannot discharge.
You can’t get a credit counseling certificate without filing for bankruptcy. If you want to discharge (wipe out) your debts in bankruptcy court, you must have received credit counseling from an approved agency within 180 days before filing the case.
When You Will Need Bankruptcy Lawyer?
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Complicated Chapter 7 Case
When you file for bankruptcy, the goal is usually to discharge (get rid of) certain debts through Chapter 7 bankruptcy or reorganize other debts through Chapter 13 bankruptcy.
A Chapter 7 case is more straightforward than a Chapter 13 case because it does not require repayment of debts through monthly installments during the three- to a five-year period that Chapter 13 requires.
However, if your income is high enough that you can afford to repay some or all of your debts through monthly installments, you should consider doing so instead of filing for Chapter 7 bankruptcy.
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Chapter 13 Case
In most cases, Chapter 13 cases require the assistance of an attorney because it involves complicated accounting and tax issues as well as property distribution issues. In addition, Chapter 13 cases are complex enough that it may take several months for them to be completed.
What Vahdat Law Offers?
Vahdat Law offers a full range of legal services. Our lawyers have the experience, knowledge, and expertise to handle a wide range of legal issues, including:
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Personal Injury Law
Our competent attorney is well-versed in handling many personal injury matters, including car accidents, defective products, negligent security cases, premises liability, and wrongful death claims. We also have experience in preparing and filing lawsuits on behalf of our clients.
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Bankruptcy Process Law
Bankruptcy laws are complex and require careful consideration. Our bankruptcy lawyers have years of experience handling all types of bankruptcy matters, including Chapter 7 and 13 filings, wage garnishments, foreclosures, and other collections matters.
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Criminal Defense Law
We represent clients with serious criminal offenses such as assault & battery, drug crimes, domestic violence charges, theft offenses, etc. Our goal is to obtain the best possible outcome for our clients while protecting their rights throughout the legal process.
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Employment Law
Our qualified attorney has experience representing employees who believe they have been wrongfully terminated or otherwise discriminated against by their employer or supervisor, such as sexual harassment claims, discrimination claims, or retaliation claims.
Hopefully, this resource will be helpful to anyone who finds themselves in need of a bankruptcy filing, regardless of whether they decide to hire a lawyer or not. If you’ve made it through the entire article, you have at least a basic understanding of how bankruptcy works.
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