All Laws Decoded

Do I Need a Lawyer for Bankruptcy?

No lawyer is required: the federal courts say individuals can file bankruptcy without an attorney, which is called filing pro se. The same official page says seeking the advice of a qualified attorney is strongly recommended, because bankruptcy has long-term financial and legal effects and mistakes can affect your rights.

What the law says

FAQ

Can I file bankruptcy on my own?
Yes. The federal courts say individuals can file without an attorney (pro se), while strongly recommending the advice of a qualified attorney.
Can the court clerk help me fill out my forms?
Court employees and bankruptcy judges are prohibited by law from giving legal advice.
What is a bankruptcy petition preparer?
A non-attorney paid to prepare bankruptcy documents. Federal law requires them to tell you in writing that they are not an attorney and bars them from giving legal advice.
Is Chapter 13 harder to do without a lawyer?
The federal courts' Chapter 13 guide says a plan usually runs three to five years, recommends consulting an attorney on secured claims in the plan, and calls the law on the Chapter 13 discharge complex.
Which forms do I use?
Individuals and married couples use the 100-series official forms; corporations, partnerships, and LLCs use the 200 series. Many courts also require local forms.
Where can I find free legal help?
The federal courts say you may qualify for free legal services and list the American Bar Association's Legal Help and the Legal Services Corporation.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.