how to get a chapter 7 bankruptcy started without a lawyer

Without a lawyer, you must explain your case to the court and your creditors on your own. Complete a debtor education course. Get your discharge. Pro se only applies to individual filings As long as you are making an individual filing, you can file for bankruptcy on your own without a lawyer or a law degree yourself.

Full Answer

How to file "Chapter 7" bankruptcy yourself?

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 However, if you are in need while lacking the financial means to pay, Chapter 7 fees may get rescinded.

Where can I find free bankruptcy Chapter 7 forms?

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 ; When Should You Not Represent Yourself? Let's Summarize... You always have the option to file bankruptcy without a lawyer.

What is the cheapest way to file bankruptcy?

Nov 15, 2012 · 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. What that means is that, aside from typing, your need to know a few things in order to …

Where is the cheapest bankruptcy lawyer?

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.

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.

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 can a non-attorney do if you file bankruptcy?

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. A petition preparer must sign all documents they prepare for you; print their name, address and social security on the documents; and provide you with a copy of all documents. They cannot sign documents on your behalf or receive payment for court fees.

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 for bankruptcy in Chapter 7?

Yes, Chapter 7 bankruptcy can give you a fresh start, but obviously there are hurdles to clear and challenges to meet in doing so. Bankruptcy courts charge fees for filing and for required courses. If you need an attorney to guide you on the path – and it’s highly recommended – that is additional expense.

What is Chapter 7 bankruptcy?

Chapter 7 bankruptcy is designed to discharge debt and give you a faster fresh start. You may have to sell some nonexempt assets to pay as much of the debt as you can, but filers keep their homes in 90% of all consumer bankruptcy cases. Chapter 13 requires a payment plan to address the debt.

How much does it cost to file for bankruptcy?

If you don’t hire an attorney, the total cost for filing Chapter 7 is $338, broken down this way: 1 $245 filing fee, the cost for the court to handle your paperwork and case after you take it to the bankruptcy court and file it in person. 2 $78 administrative fee. Somebody has to pay the clerks and other court employees. 3 $15 trustee surcharge. It’s the government, right?

How much does it cost to file Chapter 7?

How Much Does Chapter 7 Bankruptcy Cost? If you don’t hire an attorney, the total cost for filing Chapter 7 is $338, broken down this way: $245 filing fee, the cost for the court to handle your paperwork and case after you take it to the bankruptcy court and file it in person. $78 administrative fee.

Can you file for bankruptcy if you have a garnishment?

Filing matters if you are having wages garnished to pay your debts, something that is not in the least enjoyable. Filing for bankruptcy, placing the down payment and applying for a payment plan will put an automatic stay on the ability of debtors to garnish your wages, which will help you pay those fees.

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.

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) ...

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.