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
- Individuals can file bankruptcy without an attorney (filing pro se), but pro se filers are expected to know and follow the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the court's local rules. U.S. Courts, Filing Without an Attorney
- The federal courts say filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues, and that misunderstandings of the law or mistakes in the process can affect your rights. U.S. Courts, Filing Without an Attorney
- According to the federal courts, questions an attorney can advise on include whether to file at all, which chapter to choose, whether debts can be discharged, whether you will be able to keep your home, car, or other property, the tax consequences of filing, and whether to keep paying creditors. U.S. Courts, Filing Without an Attorney
- Court employees and bankruptcy judges are prohibited by law from offering legal advice. Many courts require local forms, and local rules are posted on each court's website. U.S. Courts, Filing Without an Attorney
- Chapter 13 plans usually last three to five years and can never run longer than five years. The federal courts' Chapter 13 guide says the debtor should consult an attorney on the treatment of secured claims in the plan and that the law on the scope of the Chapter 13 discharge is complex. U.S. Courts, Chapter 13 - Bankruptcy Basics
- No individual may be a bankruptcy debtor under any chapter unless they complete credit counseling within the 180 days before filing, according to the federal courts' Chapter 13 guide. U.S. Courts, Chapter 13 - Bankruptcy Basics
- Under federal law, a "bankruptcy petition preparer" is a non-attorney who prepares bankruptcy documents for pay. A preparer must sign and print their name and address on each document and must give the debtor a written notice, in simple language, that the preparer is not an attorney. 11 U.S.C. 110 (Penalty for persons who negligently or fraudulently prepare bankruptcy petitions), U.S. Code via GovInfo
- Federal law bars petition preparers from offering legal advice, including on whether to file, which chapter fits, whether debts will be discharged, whether the debtor can keep a home or car, tax consequences, and reaffirmation agreements. Preparers may not sign documents for the debtor, collect court filing fees, or use the word "legal" in their advertising, and violations can bring fines and court orders. 11 U.S.C. 110 (Penalty for persons who negligently or fraudulently prepare bankruptcy petitions), U.S. Code via GovInfo
- If you cannot afford an attorney, the federal courts say you may qualify for free legal services, and they point to the American Bar Association's Legal Help and the Legal Services Corporation. U.S. Courts, Filing Without an Attorney
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
- Can You File Bankruptcy on Student Loans?
- Chapter 7 vs. Chapter 13 Bankruptcy
- How Long Does Bankruptcy Stay on Your Credit Report?
- How Much Does a Bankruptcy Lawyer Cost?
- How Much Does It Cost to File Bankruptcy?
- How Often Can You File Bankruptcy?
- What Happens When You File for Bankruptcy?
- What Is Chapter 13 Bankruptcy?
- What Is Chapter 7 Bankruptcy?
- Bankruptcy by state
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.