how to apply for bankruptcy without a lawyer

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

Can you file for bankruptcy without hiring an attorney?

Filing Without an Attorney. 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.

How do you file a lawsuit without an attorney?

Most people can file a simple Chapter 7 case without an attorney. In a simple Chapter 7 case, you’d have only a few creditors, you’d be able to keep all of your property, and your income would be under the median income for your state. By contrast, Chapter 13 cases tend to be too complicated to be filed without an attorney.

Can you file for expungement without a lawyer?

Jun 30, 2021 · The Process 1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the... 2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three... 3. Fill Out the Paperwork. Filling out the ...

How to file an injunction without a lawyer?

Feb 29, 2016 · While it's possible to file for bankruptcy on your own, the federal court system strongly recommends against it. Filing pro se means that you can only rely on your own knowledge of the legal system and bankruptcy. The judges and other legal professionals you will meet in the process are prohibited by law from providing any assistance.

Can I file Chapter 7 without an attorney?

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.

What is the easiest bankruptcy to file?

Chapter 7 bankruptcyIn cases like this, a Chapter 7 bankruptcy is the fastest, easiest, and most effective means of getting rid of debt. As a matter of fact, this is the most common bankruptcy case, often called a "no asset" bankruptcy.

What type of debt Cannot be discharged through bankruptcy?

Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

What will I lose if I file bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.Dec 12, 2021

Does bankruptcy clear all debts?

Declaring bankruptcy won't wipe out all debts and some types of debt will survive the bankruptcy. In other words, if you declare yourself bankrupt, you will still be required to pay: court-ordered penalties and fines.Mar 20, 2019

Do you get out of all debts if you declare bankruptcy?

If you're experiencing severe debt problems, filing for bankruptcy can be a powerful remedy. It stops most lawsuits, wage garnishments, and other collection activities. It also eliminates many types of debt, including credit card balances, medical bills, personal loans, and more.

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

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Feb 6, 2021

How many years does a bankruptcy stay on your credit report?

seven yearsA Chapter 7 bankruptcy can stay on your credit report for up to 10 years from the date the bankruptcy was filed, while a Chapter 13 bankruptcy will fall off your report seven years after the filing date. After the allotted seven or 10 years, the bankruptcy will automatically fall off your credit report.May 18, 2021

Can you lose House in bankruptcy?

If you kept your house throughout the bankruptcy process, you are free to keep your home after the bankruptcy – as long as you continue to pay the mortgage. It may be that after you are free of all the rest of your debt you will be able to afford the mortgage payments easily. If so, you'll be able to keep your house.May 19, 2021

What can you not do after filing Chapter 7?

What Not To Do When Filing for BankruptcyLying about Your Assets. ... Not Consulting an Attorney. ... Giving Assets (Or Payments) To Family Members. ... Running Up Credit Card Debt. ... Taking on New Debt. ... Raiding The 401(k) ... Transferring Property to Family or Friends. ... Not Doing Your Research.

What debts are dischargeable?

Dischargeable DebtsDischargeable debt is debt that can be eliminated after a person files for bankruptcy. ... Some common dischargeable debts include credit card debt and medical bills. ... In Chapter 7 cases, a discharge is only available to individuals but not to corporations or partnerships.More items...

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.

Does bankruptcy go away?

Priority debts get paid first if money is available to pay creditors. More importantly, they're nondischargeable—they don't go away in bankruptcy.

Can you file bankruptcy without an attorney?

Your case is likely simple enough to handle without an attorney if: creditors aren't alleging fraud against you.

Can you dismiss a Chapter 7 bankruptcy?

If You Have a Complicated Chapter 7 Bankruptcy. Filers don't have an automatic right to dismiss a Chapter 7 case. If you make a mistake, you risk having your case thrown out, your assets being taken and sold, or facing a lawsuit in your bankruptcy case to determine that certain debts shouldn't be discharged.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. You don't need an attorney when filing individual bankruptcy, and filing on your own or "pro se" (the term for representing yourself) is feasible if the case is simple enough.

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.

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.

Who is Jennifer Mueller?

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 4,313 times.

Can you file bankruptcy without an attorney?

Filing bankruptcy without an attorney may mean you have to appear at more court hearings than you would if you'd hired an attorney. These hearings often cannot be rescheduled, so you might have to take off work to appear.#N#Thanks!#N#Helpful 0 Not Helpful 0

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.

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 you file a Chapter 7 case pro se?

Even if it looks like you will not have any non-exempt assets , filing a Chapter 7 case pro se is still a daunting task. Since your situation is somewhat out of the ordinary, your trustee will likely take special interest in your case, if only to ensure you have listed everything properly. The trustee may ask you for additional documents, like copies of tax returns, house papers, car papers, and bank account statements.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy is a powerful financial tool that can allow you to: catch up on your missed mortgage or car loan payments. eliminate unsecured junior liens (such as a second mortgage) from your home through lien stripping, or. reduce the principal balance or interest rate on your car loan with a cramdown.

Is it better to file bankruptcy yourself or a lawyer?

While having a bankruptcy lawyer on your side will almost always be better than filing yourself, not all debtors can afford legal counsel. If it isn't a possibility, you might consider:

Do not sell personal information?

Do Not Sell My Personal Information. Unlike a business bankruptcy, an individual debtor doesn't need an attorney to file for bankruptcy relief. But it's not always a good idea to do so. Whether filing on your own will make sense will likely depend on: whether you're comfortable researching and handling your case.

Should I hire an attorney for Chapter 7 bankruptcy?

While you might be able to handle a simple Chapter 7 bankruptcy on your own, it makes sense to hire an attorney for more complicated cases. For instance, it's a good idea to hire an attorney if you:

Is Chapter 13 bankruptcy more complicated than Chapter 7?

But Chapter 13 bankruptcy is considerably more complicated and labor-intensive than Chapter 7. If you want the court to confirm (approve) your Chapter 13 bankruptcy, you must propose a feasible repayment plan, which is challenging to do without legal knowledge and the software used by bankruptcy lawyers.

Can I file Chapter 7 bankruptcy on my own?

You're Filing a Complicated Chapter 7. While you might be able to handle a simple Chapter 7 bankruptcy on your own , it makes sense to hire an attorney for more complicated cases. For instance, it's a good idea to hire an attorney if you: have creditors that might challenge your discharge.

Do law schools offer free legal advice?

Many law schools sponsor legal clinics and provide free legal advice to consumers. Some legal clinics have the same income requirements as Legal Aid; others offer free services to low- and moderate-income people.

Why should I not file for bankruptcy?

The assets and property you could lose may be worth more than the debt you can eliminate through bankruptcy, which is why it’s important for you to get legal advice before you file. If all of your assets and income are exempt , then you may not want to file bankruptcy because they would be protected from your creditors.

How do I get a fresh start in bankruptcy?

If problems arise because of the amount of debt, people can get a fresh financial start by filing for bankruptcy within the court system. Bankruptcy can stop foreclosure on a house, prevent repossession of a car or other property, stop wage garnishment or debt collection harassment, and prevent termination of utility services.

What is the difference between asset and liability in bankruptcy?

In a bankruptcy court proceeding, a bankruptcy judge and a trustee examine what you own (assets) and what you owe (liabilities). A trustee is a neutral person who oversees the bankruptcy procedure, often a lawyer or accountant. An asset is anything of value that can be converted to cash. A liability is a debt you owe to another person or organization. In court, a decision is made to either discharge your debts or enter into a debt repayment plan. When a debt is discharged, the debt is canceled – you are no longer required to pay it back. In a repayment plan, you pay the creditors a portion of the outstanding amount over a fixed period of time.

What is an asset and liability?

An asset is anything of value that can be converted to cash. A liability is a debt you owe to another person or organization. In court, a decision is made to either discharge your debts or enter into a debt repayment plan. When a debt is discharged, the debt is canceled – you are no longer required to pay it back.

How long does it take to pay off a debt in Chapter 13?

Instead of selling your assets to pay your debt, the court proposes a plan to reorganize your debts into a specific repayment plan. If you have a regular income, this plan shows you how to pay off your debt within three to five years.

Can you keep a car in a wildcard?

Your house, car, or personal property may be protected by exemptions. In some instances, you can keep only a certain dollar amount of an asset that’s protected, or at times, you can protect the total value of the asset. In some cases, you will need to use a “wildcard exemption” to protect a particular piece of property because no other type of exemption specifically addresses the asset.

What is an unsecured debt?

An unsecured debt is one that does not include property, such as credit card or medical bills, personal loans, or rent and utilities. A secured debt is one where the promise to pay the debt is “secured” by property, and the property could be taken by the bank if that debt is not paid.

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 Chapter 7 bankruptcy?

Chapter 7 bankruptcy is a very effective tool for erasing credit card debt, medical debts, and most other unsecured debt. Although Chapter 7 is a liquidation bankruptcy, filers are able to keep all their property in more than 90% of all consumer bankruptcy cases in the United States.

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 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.

Can you file for bankruptcy if you have cosigners?

If you have any cosigners, they will not be protected by your personal bankruptcy. If you have great credit when your Chapter 7 bankruptcy is first filed, your credit score will likely drop a bit once the bankruptcy filing is reported to the credit bureaus.

How to file bankruptcy in New York?

Go to Court to File Your Forms. The county you live in determines which district your New York bankruptcy will be filed in. You can go to any of the courts located in your district to file your forms, even if your case is ultimately assigned to a different division within the district.

How much does it cost to file for bankruptcy in Chapter 7?

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.

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.

How long does it take to get credit counseling 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.

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 .

Can you keep everything in bankruptcy?

Everything you own is considered an asset in your New York bankruptcy, though only assets not protected by any of the available exemptions can be sold for the benefit of your creditors. As long as all of your assets are covered by the exemptions you choose to use, you can keep everything.

What is the number for legal aid in New York?

Legal Aid Society of Mid-New York, Inc. (315) 793-7000.