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Bankruptcy in Brief              a service of the Moran Law Group

 

Can I file bankruptcy without a lawyer?

Remember the old adage that "he who represents himself has a fool for a lawyer"?  There is some truth there.

The paralegal services and on line bankruptcy providers try to characterize filing bankruptcy as "just filling out forms". That's just as true as seeing tax preparation as "just filling out forms"; and the tax forms come with instructions written for the non professional. Bankruptcy forms don't.

The more assets you have to lose in a botched bankruptcy, the more it is worth your while to pay a lawyer to protect them in a bankruptcy proceeding.

  What can go wrong when you represent yourself

The bankruptcy amendments of 2005 have now studded the Bankruptcy Code with situations in which dismissal of cases is automatic and the relief available when you refile is strictly limited. The means test forms, new in October,2005, are difficult to get through and easy to bungle.

Congress was upfront that it wanted to discourage consumers from filing bankruptcy and made the process substantially more complex and the consequences of mistakes more costly.

Chapter 13 is not well suited for debtors in pro per (representing themselves) since it has lots of unwritten rules and local customs that just aren't easily discoverable to the layman or even the generalist lawyer.  More on paying for a Chapter 13.     Corporations and partnerships cannot, by law, represent themselves.

Is yours a "simple" case?

We recommend that you visit a lawyer, get an overview of your situation and any issues that are presented in your case. Initial consultations are frequently free or at a reduced cost.  Find a bankruptcy lawyer.  See Paying for bankruptcy.  

Perhaps a better alternative is to save up money to get an attorney's help, or consider filing a Chapter 13 where the legal fees can be paid over time through the plan.

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  9/2/06