how to file for bankruptcy in pa without a lawyer

by Isabelle Padberg 9 min read

How To File Bankruptcy for Free in Pennsylvania.

  • Collect Your Pennsylvania Bankruptcy Documents. Regardless of whether you have an attorney, you have to submit certain documents to the bankruptcy ...
  • Take a Credit Counseling Course.
  • Complete the Bankruptcy Forms.
  • Get Your Filing Fee.
  • Print Your Bankruptcy Forms.

Full Answer

Can I file bankruptcy without a lawyer in NY?

Sep 27, 2021 · While you may ask how to file for bankruptcy without a lawyer in Pennsylvania, we believe you will be glad you picked up the telephone to call us. As one

What do I need to know about filing bankruptcy in Pennsylvania?

Jun 12, 2019 · The good news is that you can file for bankruptcy on your own and avoid expensive attorney fees. In this guide, we’ll walk you through 10 steps to file your Pennsylvania bankruptcy without a lawyer. Collect Your Pennsylvania Bankruptcy Documents. Take a Credit Counseling Course.

Do I need an attorney to file bankruptcy in Michigan?

While individuals may file bankruptcy without an attorney, you should meet with an attorney before you file so that you can carefully consider all your options. ex. Persons who represent themselves in court without an attorney is said to appear “pro se” ) (pronounced "pro say", Lat. "for himself" "on one's own behalf").

How much does a bankruptcy lawyer cost in Pennsylvania?

But a corporate entity or partnership may not appear in bankruptcy court without an attorney, and if a corporate entity or partnership attempts to file a bankruptcy case without an attorney, the case may be dismissed. A proof of claim may be filed by an individual, corporate entity, or partnership with or without an attorney.

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How do I claim bankruptcy in PA?

Collect Your Pennsylvania Bankruptcy Documents. ... Take a Credit Counseling Course. ... Complete the Bankruptcy Forms. ... Get Your Filing Fee. ... Print Your Bankruptcy Forms. ... File Your Forms With the Pennsylvania Bankruptcy Court. ... Mail Documents to Your Trustee. ... Take a Debtor Education Course.More items...•Feb 15, 2022

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

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 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.

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.

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 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 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.

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.

What is Pennsylvania known for?

Written by Attorney Eva Bacevice. Pennsylvania is well known for being home to the first capital of our country, the Liberty Bell, and the first American flag. Pennsylvania also has a number of tasty claims to fame, including the chocolate capital of the United States (Hershey, PA) and the Philly cheesesteak.

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.

Do you have to take credit counseling before filing for bankruptcy?

The Bankruptcy Code requires that you complete credit counseling before filing bankruptcy. You can find a list of approved providers for Pennsylvania bankruptcy cases here. There are many providers who offer online or phone options for this first course. There’s a second course you’ll have to take after filing your bankruptcy case.

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.

Can you print out a Chapter 7 bankruptcy form in Pennsylvania?

Wherever you print your forms, make certain to do so on one-sided pages. The court won’t accept double-sided print-outs.

Who can file proof of claim?

A proof of claim may be filed by an individual, corporate entity, or partnership with or without an attorney. There are many complicated issues that may come up in a bankruptcy case, individuals may wish to hire an attorney who is allowed to practice in this bankruptcy court.

How to write a complaint letter?

For example, they cannot: 1 Explain the meaning of a particular statutory provision or rule 2 Give an interpretation of case law 3 Explain the result of taking or not taking action in a case 4 Help you complete forms, or advise you regarding what is legally required when a form elicits information from you. 5 Tell you whether jurisdiction is proper in a case 6 Tell you whether a complaint properly presents a claim 7 Provide advice on the best procedure to accomplish a particular goal 8 Apply a rule or statute 9 Explain who should receive proper notice or service.

What is a pro se filer?

The legal term for an individual who is not represented by an attorney is “pro se.”. The purpose of these pro se web pages is to provide the pro se filer, (someone who represents himself or herself without a lawyer), with access to some information about the bankruptcy process and information about local procedures that you must know.

Can judges give legal advice?

The judges, judges’ staff, clerk, or clerk’s staff are not permitted to provide legal advice. For example, they cannot: Explain the meaning of a particular statutory provision or rule. Give an interpretation of case law. Explain the result of taking or not taking action in a case.

Do you have to have an attorney to file bankruptcy?

Individuals appearing as debtors (including husbands and wives filing jointly), creditors or other interested parties before this court do not have to be represented by an attorney. An individual may represent him or herself in bankruptcy court without an attorney.

Mistakes Can Be Critical to a Successful Filing

The reason being and a big consideration for people is, once you become part of the bankruptcy process, for example, if you file a Chapter 7 bankruptcy, and you’ve made some sort of error.

Retain An Experienced Bankruptcy Attorney

So, to me, one of the riskiest things that a potential bankruptcy filer could do would be to not only do it by themselves but to use an attorney that doesn’t do a lot of it, because an error in bankruptcy can be absolutely critical.

How does bankruptcy work in Pennsylvania?

The bankruptcy process falls under federal law, not Pennsylvania state law, and it works by unwinding the contracts between you and your creditors —that's what gives you a fresh start.

How many bankruptcy districts are there in Pennsylvania?

Pennsylvania has three bankruptcy districts—the Eastern, Middle, and Western Districts—each with several locations serving the surrounding areas. You'll find the court's address, phone number, and hours of operation on its webpage, as well as local forms and instructions for people filing without an attorney.

How long does it take for creditors to stop bothering you?

Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:

Who will review the exemptions in bankruptcy?

Exempt your property carefully. The bankruptcy trustee —the court-appointed official assigned to manage your case—will review the exemptions. A trustee who disagrees with your exemptions will likely try to resolve the issue informally. If unsuccessful, the trustee will file an objection with the bankruptcy court, and the judge will decide whether you can keep the property.

Can you lose your car if you file Chapter 13?

So you could lose your home or car if you're behind when you file. Chapter 13 bankruptcy. By contrast, Chapter 13 filers must pay creditors some or all of what they owe using a three- to five-year repayment plan. But the payment plan allows Chapter 13 to offer benefits not available in Chapter 7.

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

Scroll down until you get to your district. And don't give up—it's a long list. (Individuals must complete credit counseling during the 180 days before filing for bankruptcy and a debt management course after filing the bankruptcy case.)

Can student loans go away in bankruptcy?

Nondischargeable debts, like domestic support arrearages and recent tax debt, won't go away in bankruptcy, and student loans aren't easy to wipe out (you'd have to win a separate lawsuit). You'll want to be sure that bankruptcy will discharge (get rid of) enough bills to make it worth your while.

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.

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.

Can I file for bankruptcy 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 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.

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.

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.

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.

How long does it take to get a trustee's meeting?

This is generally a short proceeding, maybe 15-20 minutes, and Trustees are accustomed to working with pro se debtors.

Do I need an attorney to file for bankruptcy?

You are not required to hire an attorney to file bankruptcy. You can do so for free, or with a legal aid organization. Written by Attorney Eva Bacevice. Updated October 7, 2020.

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.

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