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Can I File Bankruptcy Without A Lawyer?


strikeback Rep Points:
Posted on May 26, 2009 at 12:23 am
I don't think I can afford the lawyer's fee. What is the first thing that I should do?

DD101 Rep Points:
moderator
Posted on May 26, 2009 at 12:44 am
Of course you can, it is just not advisable to do so, because of the procedures (that have changed, been amended in 2005) and the paperwork. If you misstep because you do not have a legal adviser, it could cause the dismissal of your case.  If you are worried about lawyer fees, you can file Chapter 13 where those fees can be paid overtime through the plan.

Debt_Guru Rep Points:
moderator
Posted on May 26, 2009 at 12:45 am
There are two options if you do not want to file with an attorney - do it yourself or get a bankruptcy petition preparer.  If you file yourself, then I suggest you take out a Nolo self-help book on how to do it.  You can find an inexpensive bankruptcy petition preparer (as low as $300 to file everything, maybe lower) through Google or your yellow pages.  I'd of course do a background check with the BBB as this is very important to do right the first time.  If your case is routine and you don't have a lot of assets, then it may be a good idea because you can save thousands in lawyer fees.  If your case is not, however, then using a lawyer may end up saving you more money just by making sure that you fully safeguard your assets from your creditors.  Have you considered another avenue to avoid bankruptcy?  You can get a free consultation here by submitting a form.
Posted on May 26, 2009 at 12:50 am
Which chapter are you planning to file?

DD101 Rep Points:
moderator
Posted on May 26, 2009 at 2:02 am
You may be wondering why filing bankruptcy by yourself is being discouraged. It is because the court will treat the filer as an expert. I agree with Debt_Guru, if you are determined to go at it alone, do get yourself a Nolo self-help book. The court would deal with you as if it is dealing with a bankruptcy lawyer. With or without a lawyer you are expected to:-fill out and submit forms -attend mandatory meetings-attend court hearingsJust to give you an idea on  the kinds of forms that you are going to be dealing with:-You need to fill out what's called Form 1 (Voluntary Petition)-Notice to Individual Debtor with Primarily Consumer Debts-Notice to Debtor by Bankruptcy Petition Preparer-Official Form 21 (Statement of Social Security Number)-Exhibit D to Official Form 1.If those sound overwhelming or unfamiliar, you can always hire the services of a bankruptcy petition preparer. They would cost you less (than a bankruptcy lawyer). They would type and prepare the papers for you--but they cannot give you any legal advice. It is against the law.