how do i file chapter 7 without a lawyer?

Chapter 7 bankruptcy

is designed to relieve you of unsecured debts, such as medical expenses. There is no rule that requires you to use a lawyer to file a petition. You can do the filing yourself, which is called “pro se,” but we recommend that you do your research first.

Full Answer

Can I file Chapter 7 bankruptcy without an attorney?

This is strongly advisable if you need a lawyer to help you along the way, but it comes at an extra cost. A lawyer is almost mandatory if you request Chapter 13 bankruptcy, which necessitates resolving debts on a pre-determined payment plan. However, if you are in need while lacking the financial means to pay, Chapter 7 fees may get rescinded.

What happens if I don’t file my Chapter 7 certificate?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

What happens to legal fees when you file Chapter 7 bankruptcy?

Nov 15, 2012 · New York sees fewer Chapter 7 cases filed without an attorney, but some folks still do it. For the most part, the people who are filing for bankruptcy without a lawyer are using some sort of paralegal or typing service but we all know they’re not allowed to give legal advice. In fact, all those folks can do is type up the forms and charge a maximum of $200 for the service.

Do I need a lawyer to file bankruptcy?

May 02, 2019 · You Can Avoid Attorney Fees by Filing Without a Bankruptcy Attorney. You don’t have to hire a bankruptcy lawyer to file your case. Bankruptcy law allows individuals (and married couples) to file without one (“pro se”). You can complete the bankruptcy forms on your own or (if you’re eligible) with Upsolve’s free web tool. That’s not to say that filing without a lawyer is …

Do all debts have to be included in Chapter 7?

How long does it take for a Chapter 7 to be discharged?

Can I keep cash in Chapter 7?

What do you lose when you file Chapter 7?

What happens to your bank account when you file Chapter 7?

What debts are not dischargeable in Chapter 7?

Does Chapter 7 trustee check your bank account?

What is the debt limit for Chapter 7?

Does Chapter 7 wipe out credit card debt?

What assets can you keep in Chapter 7?

Can creditors collect after Chapter 7 is filed?

What can you not do after filing bankruptcies?

Do A Side-by-Side Comparison Of Chapter 7 and Chapter 13

How do you know Chapter 7 bankruptcy is the right move for you? Depending on your income, assets, debts and a host of other considerations … it may be a horrible idea. You’re going to need to do a side-by-side comparison of Chapter 7 and Chapter 13 to see which one will give you the best outcome.

Analyze Your Debts

Look at your debts to see whether they’d get discharged in a Chapter 7 bankruptcy. Some debts will be wiped out at the end of the case, others survive. Various debts may be discharged depending on the circumstances of the liability – taxes come to mind.

Review Your Assets And Choose Exemptions

You already know that you need to disclose all of you assets, even the ones that are in your name but being used by other people. Though it’s true that you can keep many types of personal property when you file for Chapter 7 bankruptcy, you’ve got to be sure to exempt those assets properly.

Tally Up Your Income And Expenses

You’re going to need to review your income over the past six months and plug the figures into the means test, if only to see if your household income is above or below median.

Check Out Leases And Other Executory Contracts

In a Chapter 7 bankruptcy, your leases become the property of the trustee. If you rent an apartment or house at below-market value (New York City residents, think about that rent-stabilized lease) you need to determine the chances of the trustee taking it over and forcing you out of your apartment.

Review Your History

If you’ve been making payments on your debts – credit cards, student loans, even personal debts you owed to family and friends – you’ll need to review the timing of your bankruptcy petition. Some of those payments made be considered to be preferences, so make sure you disclose properly.

Check Up On Business Ownership

If you’ve owned a business or an interest in a corporation, LLC, LLP or sole proprietorship in the past then you may need to get your hands on some of those documents as well. Disclosure is the key here, so be sure to follow the rules accordingly.

Do you have to pay bankruptcy attorney fees upfront?

So, when they say you have to pay the attorneys fees “up front” they often mean “before your bankruptcy case is filed” and not that you have to come up with a lump sum payment somehow.

How to pay for legal help?

Ways To Pay For Legal Help When You Don’t Have Any Money In The First Place 1 Use your tax refund to pay the attorney’s fees: Consumer bankruptcy filings in March and April are much higher than the rest of the year because many people take advantage of their tax refund to pay for legal help. 2 Stop paying your unsecured debts, like credit card debt, and use that money to make payments to the law firm you’ve hired. 3 Sell something that’s not protected by an exemption. Any property you own when you file bankruptcy that isn’t protected by an exemption can be sold by the bankruptcy trustee to pay your creditors. If you already know that something you own won’t be protected, it’s ok to sell it for it’s fair market value and use the funds to pay your bankruptcy lawyer.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy involves a repayment plan and is reserved for folks with a regular monthly income. As a result, filing bankruptcy under Chapter 13 of the Bankruptcy Code usually means the filer is not eligible for a filing fee waiver. Additionally, the Chapter 13 bankruptcy process is pretty complex, so hiring a bankruptcy lawyer is typically ...

Can bankruptcy attorneys meet with you?

And most bankruptcy attorneys will meet with you for free for an initial consultation. That might be enough for you to learn that bankruptcy is not for you, to determine which chapter is best for you, or to discover that you have some issues that might mean going it alone is a bad idea.

What do you need to do before filing for bankruptcy?

In Chapter 7 and Chapter 13 bankruptcy filers must receive credit counseling from an approved provider before filing for bankruptcy, and complete a financial management course before getting a discharge.

Can you lose everything in bankruptcy?

You don't lose everything in bankruptcy. Property exemptions play a vital role in protecting property in both Chapter 7 and Chapter 13 bankruptcy. But, many pro se filers don't list the proper exemption to keep an item of property, and, as a result, risk losing it. If you stand to lose valuable property (like your home or car) ...

How to determine if you qualify for Chapter 7?

First you will need to determine if you are eligible to file a Chapter 7 by passing the means test. If you are below a certain threshold for your state you will qualify, otherwise you need to complete both parts of the means test calculation to determine your disposable income.

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.

Is bankruptcy good for unsecured debt?

Bankruptcy is most helpful to people with unsecured debt, like credit cards and medical bills, because these kind of debts are dischargeable. You can potentially walk away from them completely. Secured debts are those which are tied to a specific item as collateral.

Is Chapter 13 bankruptcy good?

A Chapter 13 case may be more beneficial to you if you have secured debt. There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.

What is the difference between Chapter 7 and Chapter 13?

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.

What are non-dischargeable debts?

There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.

How Hard Is It To File for Bankruptcy on Your Own?

You will at least need an understanding of the legal issues before filing the bankruptcy petition. How hard a case will be will also depend on other factors including :

Can You File if You Have No Money?

In general, you need to at least pay a filing fee and the credit counseling and financial management course fees to finalize your bankruptcy petition.

Chapter 13 Bankruptcies and Other Situations

While in some cases you can file bankruptcy without a lawyer, there are exceptions, depending on the type of bankruptcy. Some examples include:

Legal Advice From an Experienced Attorney May Help

Although filing bankruptcy without an attorney may be possible, it may not always be the best route for you. If you need legal help with your bankruptcy case, speak to a bankruptcy attorney near you.

What happens when you file Chapter 7?

Filing a Chapter 7 petition automatically stays any action by creditors, meaning they’re unable to continue calling you for payments or go forth with any lawsuits or wage garnishments.

How much does it cost to file a Chapter 7?

Filing a petition costs $335, unless you apply to have the filing fee waived.

How to file for bankruptcy yourself?

Here are the general steps you will have to take to file for Chapter 7 bankruptcy yourself: 1. Determine Eligibility. The law establishes limits on wealth, income and property for Chapter 7 bankruptcy. You will have to provide a full disclosure of your income, assets and debts for the court to evaluate before you can file for Chapter 7.

What is the pre filing hurdle?

Another pre-filing hurdle requires you to receive credit counseling from an accredited source. You will also have to enroll in a financial management course to ensure you are educated about handling debt. You must file documents certifying you’ve met these requirements.

Can a bank foreclose on a house?

Of course, your bank can foreclose your house for mortgage nonpayment, and your car can be repossessed if you miss car loan payments, as these are not covered by Chapter 7. 6. Attend a Creditors’ Meeting. The trustee will schedule a meeting within 40 days of your filing.

How long does it take for a trustee to meet with creditors?

The trustee will schedule a meeting within 40 days of your filing. You will be put under oath and be asked questions. The trustee might try to work out a voluntary solution with creditors in order to avoid further Chapter 7 action.

What is a 341 meeting?

The trustee might try to work out a voluntary solution with creditors in order to avoid further Chapter 7 action. The creditors’ meeting, also known as a 341 meeting, is where the trustee will ask you questions under oath about your financial situation.

Do you have to file bankruptcy in Chapter 7?

All Chapter 7 cases require you to fill out extensive bankruptcy forms, research exemption laws (to protect property) and follow all local court rules and procedures. If you aren't comfortable doing the work—and assuming the risk—consult with a bankruptcy lawyer.

Do you need an attorney to file for bankruptcy?

You aren't required to have an attorney when filing for bankruptcy relief. Whether you should, however, will depend on how complicated your case is and how comfortable you are researching the law and filing on your own. In general, people who have a simple case will be better able to complete a Chapter 7 bankruptcy.

What to do if you can't afford bankruptcy?

If you can't afford a Chapter 7 bankruptcy lawyer, consider whether one of the following might work for you: stop making payments on debts that will get wiped out in bankruptcy and pay your attorney instead. borrow the fees from a friend, family member, or even your employer. retain a bankruptcy lawyer who will handle creditor calls ...

How to avoid bankruptcy?

borrow the fees from a friend, family member, or even your employer. retain a bankruptcy lawyer who will handle creditor calls while you pay fees over time. file on your own.

Can you stop creditors from collecting on your bankruptcy?

The automatic stay order that stops creditors from collecting doesn't go into effect until you file the bankruptcy case. However, once you hire an attorney, you can cut down on annoying calls by instructing creditors to call your lawyer instead of you.

What can you do in Chapter 7?

In Chapter 7, you can discharge your debts at the expense of your assets. Certain valuable assets can be liquidated to repay creditors at least some of what you owe them. However, there are both Oregon and federal statutes that allow you to protect certain assets up to a certain amount of value. Additionally, you may be able to protect equity on your home or your primary vehicle as well as any tools used in your line of work (up to a certain value). Failing to protect this property using the correct exemptions may cause you to lose it.

Is bankruptcy form driven?

A bankruptcy filing is heavily form-driven. You are required to complete a large packet and provide this information to the court and the bankruptcy trustee. Many pro se bankruptcy filers neglect to fill out all the necessary forms and this results in their case being dismissed.

Do pro se filers have to list all their assets?

Sadly, some pro se filers don’t include all of their debts and don’t list all of their assets. Then they end up getting accused of fraud by the bankruptcy trustee. Not only do they end up needing a bankruptcy attorney, but now they may also need a criminal defense attorney.

Can creditors challenge dischargeability of a debt?

While filling out an information packet is not beyond the capabilities of most people, creditors can challenge the dischargeability of a debt. In this case, pro se bankruptcy filers will need to present an argument as to why the debt is dischargeable. Navigating the Bankruptcy Court system, responding to litigation, can also be extremely daunting for the untrained.