how do.i file for bankruptcy without a lawyer

To file for bankruptcy without an attorney, you will need to follow these steps:

• Get the bankruptcy filing forms from your local court or online.
• Gather the documents for your income, assets expenses, and debts.
• Determine if any of your personal property should be exempt from being sold.
• Fill out all the bankruptcy forms that are applicable to your case.

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Full Answer

Can you file for bankruptcy without hiring an attorney?

Filing Without an Attorney. 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, …

How do you file a lawsuit without an attorney?

Mar 27, 2019 · You Qualify for Chapter 7 Bankruptcy Under the Means Test. You Have All the Paperwork You Need. You Take the Credit Counseling and Debtor Education Courses. You Attend the Meeting of Creditors. Wait for the Bankruptcy Discharge.

Can you file for expungement without a lawyer?

How to File for Bankruptcy Without an Attorney To file for bankruptcy without an attorney, you will need to follow these steps: Get the bankruptcy filing forms from your local court or online. Gather the documents for your income, assets expenses, and debts. Determine if any of your personal property should be exempt from being sold.

How to file an injunction without a lawyer?

Under your direction and control, the bankruptcy petition preparer generates bankruptcy forms for you to file either by typing them or inputting information into a bankruptcy software program. Because bankruptcy petition preparers are not attorneys, they can't provide legal advice or represent you in bankruptcy court.

What debts are not discharged in bankruptcy?

Other Non-Dischargeable Debts in Bankruptcy 401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses.Nov 2, 2020

What is the downside of filing for bankruptcy?

Disadvantages of Bankruptcy: A bankruptcy may impede your chances of getting a mortgage or car loan for some time. Not all debt will be discharged. Examples of debt that cannot be discharged include child support, alimony, some student loans, divorce settlements and some income taxes.

Can you file for bankruptcy and still have money?

Making a significant income won't stop you from filing for bankruptcy—but it might determine under which bankruptcy chapter—Chapter 7 or Chapter 13—you can wipe out qualifying debt. Your ability to file a particular chapter will depend on your income, and, in some cases, your deductible expenses.

Can you file bankruptcy for any reason?

Some common reasons for filing for bankruptcy are unemployment, large medical expenses, seriously overextended credit, and marital problems. Chapter 7 is sometimes referred to as a "straight bankruptcy." A Chapter 7 bankruptcy liquidates your assets to pay off as much of your debt as possible.

What can you do instead of bankruptcy?

Bankruptcy AlternativesDebt Settlement. ... Debt Consolidation. ... Sell Assets. ... Credit Counseling. ... Borrow Money from Friends or Family. ... Find a Way to Earn Extra Income. ... Restructure or Refinance Your Mortgage. ... Lower Expenses Making Changes to Your Budget and Lifestyle.More items...

When should someone file for bankruptcy?

Additional Factors to Consider When Deciding If You Should Declare Bankruptcy. Bankruptcy is meant for individuals who cannot make progress in paying down their debts. If this describes your situation, declaring bankruptcy can provide you with a fresh financial start.

How much money can you have in the bank when you file bankruptcy?

If you declare bankruptcy, will you lose literally every dollar that you have in your savings? The answer is no: some cash can be exempted in a Chapter 7 case. For example, typically under Federal exemptions, you can have approximately $20,000.00 cash on hand or in the bank on the day you file bankruptcy.

How much money is too much for Chapter 7?

Look at Your Disposable Income If your disposable income after expenses is less than $128, you qualify for Chapter 7 under the means test. If it's more than $214, you do not qualify.Jan 26, 2022

Do you have to claim bankruptcy as income?

Fortunately, debts that you wipe out in bankruptcy are NOT considered income to a taxpayer. Mortgage companies will often send out a 1099-C to a taxpayer that has discharged an old mortgage debt out of an abundance of caution, but it doesn't mean it's going to be counted by the IRS as income.

What is a good reason to file bankruptcies?

Reasons to Consider Filing for Bankruptcy Surveys agree that job loss and medical debt are the two biggest reasons for considering bankruptcy. Many times, the two team up and light a torch to a family's financial plans. Health problems can make it difficult or even impossible to do your job.

What do you need to pay for bankruptcy?

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. But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases).

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

How long do you have to take a post filing course?

Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors. Take a look at the U.S. Trustee Program's site to find an approved course near you. After you've completed the course, the last step is to wait to hear from the bankruptcy court whether your debts have been discharged.

Why do I need to get credit reports from all three credit bureaus?

You'll need all three reports because creditors don't typically report to every bureau. If you fail to report a debt, it won't be discharged in bankruptcy.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.

Do you have to fill out paperwork for bankruptcy?

Even though your case is relatively uncomplicated, a bankruptcy case requires you to fill out extensive paperwork and have a good knowledge of the Bankruptcy Code. Thus, it may be in your best interest to at least have an initial consultation with an attorney to make sure you are on the right course.

Do creditors have to be present at a meeting of creditors?

You'll have to attend your “ Meeting of Creditors " on the scheduled date. Although your creditors won't actually be present , the trustee will be and will ask you a number of standard questions about your case. Be sure to answer truthfully and accurately.

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 is a court appearance in Chapter 7?

Court Appearance. 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.

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 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.

Can I file Chapter 13 if I own real estate?

If you suspect you may have a more complicated case (if you own real estate or if you believe you’re income is above the median for your state), or if filing a Chapter 13 case would be the more beneficial option for you, we recommend that you consult with an attorney who can provide you with full representation.

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.

Why do some bankruptcy attorneys limit their practice to Chapter 7?

As a result, some attorneys limit their bankruptcy practice to Chapter 7 because they feel they are not qualified to handle Chapter 13. And, an overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court.

What to do if you are not comfortable with bankruptcy?

If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process. Talk to a Bankruptcy Lawyer.

What to tell you about bankruptcy?

tell you not to list certain assets, or. tell you what property to exempt. In essence , you must understand what debts your bankruptcy will discharge, what will happen to your property in the bankruptcy, and what laws should be used to exempt your property from being taken for the benefit of your creditors.

What are the debts you are responsible for?

Debts that you'll remain responsible for include (many, but not all of these debts are priority in nature): child support, spousal support, or another domestic support obligation. fines, penalties, and restitution imposed as punishment for violating the law. some taxes. intoxicated driving debts.

What are homeowners association dues assessed after filing for bankruptcy?

homeowners' association dues assessed after filing for bankruptcy. retirement plan loans. money borrowed to pay off nondischargeable tax debt (for instance, the credit card debt incurred after using your account to pay a tax bill), and. debts determined nondischargeable in a previous bankruptcy.

Can a bankruptcy petition preparer represent you?

Because bankruptcy petition preparers are not attorneys, they can't provide legal advice or represent you in bankruptcy court.

Can a creditor file a non-dischargeability complaint?

Additionally, any creditor can file a nondischargeability complaint asking the court to determine that a debt shouldn't be discharged in your case.

What documents do trustees ask for?

The trustee may ask you for additional documents, like copies of tax returns, house papers, car papers, and bank account statements. Your meeting of creditors may take longer than for filers who are represented by attorneys so the trustee can do a thorough job of examining you under oath.

Can I file for bankruptcy without a lawyer?

It is possible to file a Chapter 7 straight bankruptcy or a Chapter 13 payment plan case without a lawyer, but before you do, there are some things you should think seriously about. This is not a decision to take lightly. If you make any missteps, you could end up worse off than you are now. Here are some things you need to consider.

Who is Carron Armstrong?

Carron Armstrong is a bankruptcy and consumer lawyer, and an expert in debt and bankruptcy for The Balance. She has been helping educate consumers and businesses about finances for more than 40 years through her firm, Carron Nicks Law Firm, her work teaching paralegal and real estate courses at Texas colleges, and her writing.

Can a debtor get a fresh start in bankruptcy?

No debtor in bankruptcy is left with nothing at the end of a case. In every state, a debtor is allowed to keep a certain amount and value of assets needed to get a fresh start. These are called exemptions, and the amounts differ from state to state.

Can I get a free bankruptcy consultation?

Many consumer bankruptcy lawyers offer a free initial consultation. An attorney can also help determine if you're eligible for assistance through legal aid or a pro bono program offered by a bar association near you.

Can I represent myself in bankruptcy?

From a legal standpoint, there's no issue with representing yourself in your bankruptcy case. It is certainly possible to do so. "Pro se" filers, those who file on their own, have no extra barriers facing them than those who file with the help of an attorney.

Do creditors look at your paperwork?

For the same reason, your creditors will often look more carefully at your paperwork. Keep in mind that the information you provide the court has to be complete and accurate . You will sign your paperwork under penalty of perjury, and later you will have to testify as to its accuracy under oath.

What is a pro se bankruptcy?

I’ve taken over many cases where a debtor prepared and filed the various bankruptcy documents without the help of an attorney, what is called a pro se or pro per filing. Apart from the fact that the schedules generally have to be completely redone (the exemptions are usually wrong, debts are not listed, assets are not listed or are listed or valued incorrectly, the Means Test uses the wrong figures, the Statement of Financial Affairs is incorrect, and the budget is generally wrong), and a number of these people lost their homes, cars, jewelry, and even their discharge as a result of not being advised about what was required, how the process worked, how to value assets, how to deal with various types of debts, etc.–something an attorney is required to do.

Who is Brett Weiss?

Brett Weiss, a senior partner at The Weiss Law Group, LLC, represents people and businesses in all phases of bankruptcy. He has experience in complex individual Chapter 7, Chapter 11, and Chapter 13 bankruptcy cases, and in Chapter 11 Small Business Reorganization Act restructuring and reorganization. Mr. Weiss lectures nationally on bankruptcy issues. He has testified before the Federal Bankruptcy Rules Committee, the Consumer Financial Protection Bureau, and has twice testified before Congress on bankruptcy and credit issues. Brett Weiss is the co-author of Chapter 11 for Individual Debtors, and has written Not Dead Yet: Bankruptcy After BAPCPA, for the Maryland Bar Journal, as well as hundreds of blogs for the Bankruptcy Law Network. With his colleague, Daniel Press, he recorded a 13-hour basic bankruptcy training series, and leads intensive three-day Chapter 11 training boot camps. Mr. Weiss has received international media attention in connection with his work. He was interviewed by Barbara Walters on The View, has appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, National Public Radio, AARP-TV, the BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others. Brett Weiss is the previous Maryland State Chair for the National Association of Consumer Bankruptcy Attorneys, a founding member of the Bankruptcy Law Network, on the board of the Maryland State Bar Consumer Bankruptcy Council, and a member of the American Bankruptcy Institute and the Bankruptcy Bar Association of Maryland. He has received the Distinguished Service Award from the National Association of Consumer Bankruptcy Attorneys for his work on behalf of consumers across the country. Mr. Weiss is admitted to practice before Maryland and District of Columbia federal and state courts, the United States Courts of Appeals for the DC, Fourth and Eighth Circuits, the United States Tax Court, and the Supreme Court of the United States, and has been practicing law since 1983.

When is a 341 meeting?

Your 341 meeting, or meeting of creditors, will take place about a month after your bankruptcy case is filed. You’ll find the date, time, and location of your 341 meeting on the notice you’ll get from the court a few days after filing bankruptcy. Due to the COVID-19 pandemic, all 341 meetings are held either by video conference or via telephone until at least October.

What happens if you own a car that you still owe?

If you own a car that you still owe on, you’ll have to let the bank and the court know what you want to do with it one one of your bankruptcy forms.

How much does it cost to file for bankruptcy?

The federal court charges a filing fee of $338 for a Chapter 7 bankruptcy. This amount is typically due when the bankruptcy petition is filed with the court. If you don’t have the funds to pay the filing fee now, you apply to pay your fee in installments, after your case has been filed.

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.

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 many monthly payments can you make in bankruptcy?

You can ask to make up to 4 monthly payments. If paying in installments isn’t even possible, you can submit another form to apply for a fee waiver. To qualify, your total household income must be under 150% of the federal poverty line. The court will decide whether bankruptcy laws support granting you a waiver.

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.

How much does it cost to file for bankruptcy in 2020?

Currently, the filing fee for a Chapter 7 bankruptcy is $338 but it’s set to go up to $338 as of December 1, 2020.

What district is bankruptcy in Pennsylvania?

The bankruptcy court in the district you’re filing in may require additional local forms. Pennsylvania is divided into three federal districts - the Eastern District of Pennsylvania, the Middle District of Pennsylvania, and the Western District of Pennsylvania.

How much does a bankruptcy lawyer cost in Pennsylvania?

The average cost of a bankruptcy lawyer in Pennsylvania is about $1,250, but it can range from just under $1,000 up to $1,500 depending on the complexity of the case and where you’re physically located. If you’re hoping to file with the help of a bankruptcy attorney, schedule a free consultation with them to find out how much they’d charge for your Pennsylvania bankruptcy case.

How to file Chapter 7 in Pennsylvania?

In order to file a Chapter 7 case, you will need to qualify under Pennsylvania bankruptcy laws by passing the Means Test. You can do so in one of two ways. First, based on your monthly income and household size, you might immediately qualify for a Chapter 7 if you are under the average median income in Pennsylvania. Second, even if you earn more than the income limit allows, you may still qualify by completing the second portion of the Means Test.

What is the middle district?

The Middle District has three divisions with offices in Wilkes-Barre, Harrisburg, and Williamsport, though the Williamsport courthouse is only used for hearings. Cases are assigned based on the county the filer lives in. The Middle District offers a self-help program to people filing without an attorney. Self-represented debtors can upload their creditor matrix through this online portal.

When is a 341 meeting?

Your 341 meeting, or Meeting of Creditors, will be scheduled about 20 - 40 days after your bankruptcy petition is submitted to the court. It’s part of the bankruptcy process, and everyone filing Chapter 7 or Chapter 13 bankruptcy has to attend this meeting. It takes place before your assigned Chapter 7 bankruptcy trustee, not a judge. The Bankruptcy Code allows for an opportunity for your creditors to appear and participate by asking questions. That rarely happens in consumer bankruptcy cases.

What is the Eastern District of Pennsylvania?

Eastern District of Pennsylvania Requirements. The Eastern District is divided into two divisions with courthouses in Philadelphia and Reading. The Philadelphia division handles cases for Bucks, Montgomery, Delaware, Philadelphia, and Chester counties.

How long does it take to file for bankruptcy in New York?

One of the requirements everyone filing bankruptcy has to meet is completion of a credit counseling course. This course takes about 1 - 2 hours and can be taken online, by phone, or, depending on where you live, in person. The company you use to complete this requirement must be pre-approved to offer it in New York State. The Office of the United States Trustee handles the approval process, and publishes a current listing of all approved providers on their website.

How much does it cost to file for bankruptcy?

The court filing fee for a Chapter 7 bankruptcy is $338. If you are not eligible to apply for a fee waiver, but are having a hard time coming up with the fee all at once while creditors are still able to collect from you, you can file an application to pay the court filing fee in installments. This will allow you to get your bankruptcy case filed, and immediately initiates the automatic stay which prohibits your creditors from taking any further action against you.

How to file for bankruptcy?

The first step in preparing to file is to collect your bankruptcy documents. These are the documents you’ll need to fill out your bankruptcy petition. To make sure that you properly schedule all of your debts, get a copy of your credit report from each one of the three credit bureaus. You’re entitled to a free copy of your report from each one of them every year. Additionally, you should also collect all collection notices and letters you’ve received in the last 90 days from debt collectors and collection agencies as some of them may not yet appear on your credit report.

What counties are in the New York bankruptcy court?

This district has jurisdiction over all New York bankruptcy cases filed by residents of the Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester counties, and has concurrent jurisdiction over Greene and Ulster counties. It has locations in Manhattan, Poughkeepsie, and White Plains and is currently handling 90 so-called mega cases .

How many copies of bankruptcy papers do you need to bring to court?

If you are in the Western District of New York, you have to bring three copies in addition to your original bankruptcy forms to the court.

What is the Northern District of New York?

The Northern District comprises the 32 counties in Upstate New York and is divided into three divisions, headquartered in Albany, Utica and Syracuse, respectively . The county you live in determines which divisional office your case will be assigned to. If you are filing your Chapter 7 bankruptcy in New York without a lawyer ("pro se") make sure to review this local rule.

What is the 341 meeting in New York?

Everyone filing bankruptcy in New York has to attend a meeting of creditors, often referred to as the 341 meeting because that’s the section of the Bankruptcy Code that requires it. You’ll find out the date and time your meeting will take place on the same notice that has your trustee's contact information.