Main content Filing Without an Attorney Individuals can file bankruptcy without an attorney, which is called filing pro se. The following is a list of ways your lawyer can help you with your case.
Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged. Advise you on whether or not you will be able to keep your home, car, or other property after you file. Advise you of the tax consequences of filing. Advise you on whether you should continue to pay creditors. Explain bankruptcy law and procedures to you. Help you complete and file forms. Assist you with most aspects of your bankruptcy case.
Use the forms that are numbered in the series to file bankruptcy for individuals or married couples. Use the forms that are numbered in the series if you are preparing a bankruptcy on behalf of a nonindividual, such as a corporation, partnership, or limited liability company LLC. Sole proprietors must use the forms that are numbered in the series.
Non-attorney Petition Preparers If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. Finding a Lawyer, Including Free Legal Services If you need help finding a bankruptcy lawyer, the resources below may help. The automatic stay now protects you from all debt collectors. The Chapter 7 trustee is an official appointed by the court to oversee your case and liquidate, or sell, nonexempt property for the benefit of your creditors.
Not all types of bankruptcy require the involvement of a bankruptcy trustee, but both Chapter 7 and Chapter 13 cases have one. Pay attention to mail you receive from the trustee after filing your case. The trustee will send you a letter asking you to mail them certain financial documents, like tax returns, pay stubs, and bank statements. After filing your bankruptcy forms, you will need to complete a Debtor Education Course from an approved credit counseling agency.
The purpose of the course is to educate you on making smart financial decisions going forward but does not provide legal advice about the bankruptcy process. Your meeting, or meeting of creditors , will take place about a month after your bankruptcy case is filed. Due to the COVID pandemic, all meetings are held either by video conference or via telephone until at least October. The main purpose of the meeting is for the case trustee to verify your identity and ask you certain standard questions and most last only about 5 minutes.
Your creditors are allowed to attend and ask you questions about your financial situation, but they almost never do. You should also bring a copy of your bankruptcy forms to the meeting, along with your last 60 days of pay stubs, your recent bank statements, and any other documents that your trustee has asked for. The bank will either file request with the bankruptcy court to ask permission to retake the car, or wait until your discharge is granted before picking it up.
If you want to keep the car, you can either reaffirm the loan or redeem the car. You have to complete and sign the agreement and return it to the bank within 45 days from your meeting.
The bank files the signed agreement with the court for approval. To redeem the vehicle you have to file a motion with the court and, once granted, buy the car from the bank for its current value. This gets you out of having to pay the amount left on the loan, but payment has to be made in one lump sum.
Upsolve Community Member How difficult is it to do my own chapter 7? Chapter 13 bankruptcy is another type of bankruptcy available to consumers. The main difference to Chapter 7 is that you pay back some of your debts through the Chapter 13 trustee. This is determined by the means test analysis, your actual income and expenses and the terms of your repayment plan. Since Chapter 13 payment plans can be pretty complicated, anyone considering a Chapter 13 filing should talk to a bankruptcy attorney first.
Most American consumers get their fresh start by filing Chapter 7 and eliminating credit card debt, medical debts, and most other unsecured debt. Filing for bankruptcy takes some preparation. Hiring a good bankruptcy attorney is one way to file. But if you can't afford the attorney fees to hire one and you need a fresh start, Upsolve may be able to help.
If you're eligible , our free web app will walk you through the process and help you prepare your forms for filing with the court. Attorney Andrea Wimmer. Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team as Managing Editor.
While in private practice, Andrea handled Take our screener to see if Upsolve is right for you. Upsolve is a c 3 nonprofit that started in Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app.
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Free Articles. Bankruptcy Tool. Filing Guide. In a Nutshell Chapter 7 bankruptcy is a powerful debt relief tool for American consumers and businesses alike. Collect Your Documents Your first step is to collect all your financial documents so you understand the current state of your finances.
In addition to your credit report, you will need the following documents: Tax returns for the past 2 years Pay stubs or other proof of your income for the last 6 months Recent bank account statements Recent retirement account or brokerage account statements Valuations or appraisals of any real estate you own Copies of vehicle registration Any other documents relating to your assets , debts, or income.
Take Credit Counseling Every person who files for bankruptcy has to take a credit counseling course in the 6 months before their bankruptcy petition is filed with the court. Complete the Bankruptcy Forms The bankruptcy forms include at least 23 separate forms , totaling roughly 70 pages. Print Your Bankruptcy Forms Once you have prepared your bankruptcy forms, you will need to print them out for the court.
You will need: The petition forms including any required local forms Your credit counseling certificate Your paycheck stubs If needed, your application for a fee waiver or installment plan Most bankruptcy courts require just one signed original of the petition , but some courts require additional copies. Go to Court to File Your Bankruptcy Forms Once you enter the doors of your local courthouse , you will be greeted by security guards, who will ask you to pass through a metal detector.
Mail Documents to Your Trustee The Chapter 7 trustee is an official appointed by the court to oversee your case and liquidate, or sell, nonexempt property for the benefit of your creditors. Take Bankruptcy Course 2 After filing your bankruptcy forms, you will need to complete a Debtor Education Course from an approved credit counseling agency.
Attend Your Meeting Your meeting, or meeting of creditors , will take place about a month after your bankruptcy case is filed. American Bankruptcy Institute. Bankruptcy by the Numbers - Chapter 7 Asset Cases. ABI Journal. Written By:. Attorney Andrea Wimmer Twitter LinkedIn Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team as Managing Editor.
Continue reading and learning! Should I File Chapter 7 Bankruptcy? By the Upsolve Team. Chapter 7 vs.
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