Can I File Bankruptcy Myself?


One question that normally arises when someone is faced with overwhelming debt is, "Can I file bankruptcy without hiring a lawyer?". The short answer to the question is, "Yes, you can." Bankruptcy law does allow individuals to file "pro se", which means they are representing themselves in the case without the advise of an attorney. However, before someone files on their own they must be prepared to understand the extremely complex laws that govern bankruptcy proceedings and the detailed financial documents required by the courts. A clear understanding of how to properly file on their own can save a person from facing even greater financial troubles after a bankruptcy has been granted.

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All bankruptcy cases, regardless of the state in which they are filed, require the same fundamental documents. These forms can easily be obtained at no cost through numerous websites or requested directly from the Office of the Clerk at any bankruptcy courthouse. They consist of a petition to the court requesting a consideration of the case, a complete list of all creditors and other relevant financial documents.

It is through the petition that a bankruptcy court and the court trustee assigned to a case receives information about a person's assets, debts and incomes for determination of qualification for a bankruptcy hearing. Included is a list detailing the names, addresses and other relevant information about each creditor. An additional set of documents that must be included provides detailed information on bank and other financial accounts, assets like properties and personal items and verification of incomes. Usually, copies of tax returns covering the previous three years must also be provided. Once these documents are completed, they can be filed with a bankruptcy court after paying a filing fee.

Bankruptcy law requires that certain conditions be met during a bankruptcy proceeding. Everyone must participate in mandatory credit counseling before a bankruptcy petition can be filed with the court. This counseling is used to determine if other options, such as a change in lifestyle, can be used for settling debts in lieu of bankruptcy. Another significant condition, especially for those filing bankruptcy on their own, is that the appropriate paperwork must be filed for even the most minor request to the courts. An example is a request to exempt a primary residence from liquidation. Failure to file the appropriate paperwork can result in a case being denied or the loss of assets that can turn a bankruptcy into a long-term financial disaster. The best thing anyone can do when they ask the question, "Can I file bankruptcy on my own" is to be absolutely sure they fully understand the paperwork and complex proceedings of a bankruptcy process.


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