how can i file bankruocy for free without a lawyer

by Jeanie Lynch 5 min read

  1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
  2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
  3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
  4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
  5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

How can I file bankruptcy without an attorney?

If you have a legal aid society nearby, check to see if it has a bankruptcy department. Also, some bankruptcy courts offer free legal information or clinics to help debtors filing without an attorney. Or your court might provide information regarding other free services in your area.

Can I afford a bankruptcy lawyer?

Even if you can’t afford an attorney, it’s in your best interest to talk to a knowledgeable bankruptcy lawyer before filing your case. Most attorneys provide free consultations and can provide you with valuable information about the bankruptcy process, the type of bankruptcy you should file, and the pitfalls surrounding your case.

Where can I find a pro bono bankruptcy attorney?

And many bankruptcy attorneys cut fees drastically for clients who qualify for a bankruptcy fee waiver. To find a local pro bono attorney, consult with different lawyers in your area or contact your county or state bar. Or visit the American Bankruptcy Institute's Bankruptcy Resources webpage.

Where can I get legal advice on bankruptcy?

, and the local rules of the court in which the case is filed. Local rules, along with other useful information, are posted on the court's website and are available at the local court's intake counter. Court employees and bankruptcy judges are prohibited by law from offering legal advice. Bankruptcy Forms are available to the public free of charge.

image

How to help a bankruptcy lawyer?

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.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Is bankruptcy free to the public?

Bankruptcy Forms are available to the public free of charge.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

What is Upsolve for bankruptcy?

3 minute read • Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

How many debtor education courses are there?

There are two debtor education courses you will have to take. You will take the first course before you file, and the second course after you file.

How long does a Chapter 7 bankruptcy last?

A Chapter 7 is what you think of as a traditional bankruptcy, where you walk away from your debt and get a fresh start. A Chapter 7 case lasts for a significantly shorter amount of time than a Chapter 13 case. A Chapter 13 can be much more complicated. A Chapter 13 involves a repayment plan that will run for three to five years.

What to do after 341 hearing?

After you have attended your 341 hearing and presuming there is no follow-up needed (such as filing amendments to your documents) you simply need to wait to receive your Notice of Discharge, which is the successful ending to your case. Make certain to keep a copy of this document somewhere safe.

What Kind of Debts Do You Have?

You can potentially walk away from them completely. Secured debts are those which are tied to a specific item as collateral. Most often this is a house or a car, where the house or car serves as collateral for the mortgage or car loan. A Chapter 13 case may be more beneficial to you if you have secured debt.

How long do you have to take credit counseling before filing for bankruptcy?

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. This is a requirement in both Chapter 7 and Chapter 13 cases.

How often can you file for bankruptcy?

You can file bankruptcy under Chapter 7 once every 8 years . 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. Your monthly payment is based on how much you’re able to pay.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

How many pages are there in bankruptcy?

The bankruptcy forms include at least 23 separate forms, totaling roughly 70 pages . The bankruptcy forms ask you about everything you make, spend, own, and owe. You’ll also include some bankruptcy basics, like what type of bankruptcy you’re filing under and whether a bankruptcy lawyer is helping you.

What documents do you need to send to a trustee?

The trustee will send you a letter asking you to mail them certain financial documents, like tax returns, pay stubs, and bank statements. If you don’t send the trustee the requested documents following the instructions provided in their letter, you may not get a discharge of your debts.

How long does it take to rebuild credit after bankruptcy?

Either way, once granted permanent debt relief in the form of the bankruptcy discharge, most people are able to rebuild their credit score in less than one year. Collect Your Documents.

What are some examples of debts that are not listed on your credit report?

Some of your debts may not be listed on your credit report. Common examples include medical bills, personal loans, payday loans, and tax debts. Make a list of all debts not on your credit report so you don’t have to look for the information when you’re filling out your bankruptcy forms .

What to do if you can't afford bankruptcy?

If you can't afford to pay a bankruptcy attorney right away, you might consider: asking friends and family. getting help from a legal aid society or other free legal clinics in your area. finding an attorney who will take your case pro bono (free of charge), or. filing your case without an attorney.

How to find a pro bono attorney?

To find a local pro bono attorney, consult with different lawyers in your area or contact your county or state bar. Or visit the American Bankruptcy Institute's Bankruptcy Resources webpage.

How to get ready for bankruptcy consultation?

Get ready for your consultation by preparing questions to ask the bankruptcy attorney.

Why won't my attorney file a Chapter 7 case?

Your attorney won't file a Chapter 7 case until you've paid in full. Why? Because the bankruptcy would wipe out the fees still owed to your attorney. A debtor who doesn't have the fee will often start by asking friends and family for help.

Do bankruptcy attorneys cut fees?

And many bankruptcy attorneys cut fees drastically for clients who qualify for a bankruptcy fee waiver.

Can you finance a Chapter 13 case?

It isn't as challenging to finance a Chapter 13 case. Many attorneys will take a downpayment upfront. The remaining amount gets paid in your repayment plan, thereby allowing you to pay a small part of your legal fees each month. Find out more about how bankruptcy lawyers get paid.

Can you stop paying bills in Chapter 7?

If that isn't an option, qualified Chapter 7 debtors will stop making bill payments if the obligation will be discharged (wiped out) in the case. Then they use the money for legal fees. While this might seem sketchy, rest assured that the court understands and expects filers to use this approach. But it's essential to be sure that you're qualified because it can be difficult—if not impossible—to catch up on bills if you find out you don't qualify later.

You Attend The Meeting Of Creditors

There is a single court appearance in a Chapter 7, which is called a section 341 hearing or a Meeting of Creditors. You need to attend this meeting when scheduled, and you will appear before a Trustee and answer questions about your paperwork.

Missouri Or Illinois Bankruptcy Talk To A Lawyer

You can file bankruptcy in Missouri and Illinois without a lawyer. But should you? Its a good question, especially considering that the U.S. court system recommends hiring a bankruptcy attorney.

Why Would I File For Bankruptcy Without An Attorney

Filing for bankruptcy without a lawyer can help save you money. Lawyers generally charge between $500-3,750 for Chapter 7 and $2,500 and $6,000 to file Chapter 13. These numbers exclude the $335 filing fee for Chapter 7 or the $310 filing fee for Chapter 13 bankruptcy.

Talk To An Experienced Bankruptcy Attorney Today

When you are struggling financially and want to file for bankruptcy, you need an experienced bankruptcy lawyer who will hold your hand and guide you in the right direction. You need someone who understands the principles of bankruptcy law and how they interrelate. Working with a general practitioner can be a costly mistake.

Attend The Meeting Of Creditors

After filling out the forms, you will be expected to attend a meeting with your debtors on a scheduled date. Although the creditors wont be present during the meeting, a trustee will be present, and he/she will ask you a wide range of questions regarding your case.

Bankruptcy Fees Waivers And Payment Plans

If youre unable to pay your filing fees, the court will usually try to work with you. For Chapter 13 bankruptcy, you may be able to roll your court fees into your repayment plan, paying the court in monthly installments.

Filing Bankruptcy On Your Own

If youre looking to save money, the obvious choice is to file your bankruptcy case by yourself. There is no law that says you have to hire an attorney. In this case, however, going the DIY route may not be the best option. Very few bankruptcies are successful with pro se litigants, and there are many ways to misstep when filing a bankruptcy.

image