Provided by the Bankruptcy Division of

Filing for Bankruptcy Without an Attorney

While corporations and partnerships must have an attorney to file a bankruptcy case, individuals may represent themselves in bankruptcy court. However, it is extremely difficult to do it successfully. In order to protect your rights, it is very important that a bankruptcy case be filed and handled correctly. The rules are extremely technical, and a mistake may negatively impact your rights. For example, if you fail to file a required document, such as your federal taxes, your case may be dismissed and you may lose the right to file another case or lose protections in a later case, including the benefit of the automatic stay. “Bankruptcy has long-term financial and legal consequences - hiring a competent attorney is strongly recommended.” as stated by the U.S. Bankruptcy Courts website.

You must also be sure to list all property and debts in your bankruptcy schedules. If you fail to list a debt even if you think is doesn't apply, it is possible the debt will not be discharged. The judge can also deny the discharge of all debts if a debtor does something dishonest in connection with the bankruptcy case, such as destroying or hiding property, falsifying records, or lying. Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide. Bankruptcy fraud is a crime.

Petition Preparers

Using a petition preparation service may be an economical way to go, however, mistakes can be costly and you are the only one who suffers. Beware of bankruptcy petition preparers who do not comply with all legal requirements. The role of non-attorney petition preparers is solely to type information on the bankruptcy forms. Petition preparers are barred by law from providing legal advice - they cannot explain how to answer legal questions or assist in bankruptcy court.

Petition preparers must sign all documents they prepare; print their name, address, and social security number on such documents; and furnish copies to the debtor. They cannot sign a document on the debtor's behalf or receive payment from the debtor for court fees.

Finding an Attorney, including Free Legal Services

You are strongly encouraged to obtain the services of competent legal counsel. Even if you cannot afford an attorney, you may be able to qualify for free legal services. For information about hiring an attorney, or about free legal services, contact your state or local bar association. Many law schools have legal clinics that offer free legal services. Court web sites often have contact information for bar associations and pro bono legal service programs, as well as important procedural information.