Can You File for Bankruptcy Without an Attorney?

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    Credit Counseling

    • If the debtor finds himself in a precarious financial situation, the bankruptcy laws allow him to receive some things for free. Any debtor filing for bankruptcy must attend a credit counseling session with a credit counseling agency approved by the United States Trustee Program. The credit counselor provides pre-filing counseling, and the session can be done in person, over the telephone or online. These sessions normally run about $50. If the debtor is unable to pay the fee, he should request a fee waiver from the credit counselor prior to the credit counseling session.

    Filing Requirements

    • To file for bankruptcy, the debtor needs to fill out her bankruptcy petition and bankruptcy forms. She also needs to file her bankruptcy petition, bankruptcy forms and the certificate of credit counseling that she will receive after attending her credit counseling session. Finally, the debtor needs to pay a filing fee. The filing fee for Chapter 7 bankruptcy is $299. The filing fee for Chapter 13 bankruptcy is $274.

    Pro Se

    • The debtor is not in an impossible predicament if he cannot afford to pay a lawyer. The debtor just needs to take special care to correctly fill out his bankruptcy petition and forms. Mistakes in filing can cause the debtor's case to be dismissed. The debtor can obtain bankruptcy forms for free from the United States Courts website. The debtor will need to refer to the United States Trustee Program website to complete the forms designated for the means test that all debtors must take.

    Petition Preparer

    • If the debtor does not feel confident in completing her bankruptcy forms without making a mistake, she can hire a bankruptcy petition preparer for a fraction of the price it would cost her to hire a lawyer. Although the petition preparer is not an attorney and cannot give legal advice, the petition preparer would be experienced in adequately preparing bankruptcy petitions. A petition preparer charges between $100 and $200. That includes the preparation of all bankruptcy forms, including the means test calculations, which would present a challenge to any person not experienced in bankruptcy law.

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