you know how to declare bankruptcy if you don't have a bankruptcy lawyer

There's nothing that says you have to hire a lawyer to get bankruptcy relief. You can file bankruptcy without a lawyer either by yourself or with the help of a legal aid organization. Written by Attorney Eva Bacevice.

Full Answer

Do I need a lawyer to file bankruptcy?

Do I have to disclose my bankruptcy?

What advice will you give me if I file bankruptcy?

Aug 11, 2021 · Call 800-973-0424 with your bankruptcy case number and ask to be referred to a bankruptcy specialist. What if I don't know my bankruptcy case number? Call 800-222-8029 – at the U.S. Bankruptcy Courts and follow the prompts.

Should I talk to a chapter 13 attorney before filing bankruptcy?

Feb 29, 2016 · Filing For Bankruptcy Without an Attorney 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 …

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

What should you not do before filing bankruptcy?

What are three things you Cannot file bankruptcy?

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

What is the income limit for filing Chapter 7?

What can be seized during bankruptcy?

What debt Cannot be removed by declaring bankruptcy?

What can they take during bankruptcies?

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.

Can a bankruptcy case be dismissed in Chapter 7?

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.

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.

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.

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.

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 is the most common type of bankruptcy?

Other options include an IRS payment plan or an offer in compromise. For individuals, the most common type of bankruptcy is a Chapter 13.

What to do if you owe past due taxes?

If you owe past due federal taxes that you cannot pay, bankruptcy may be an option. Other options include an IRS payment plan or an offer in compromise. For individuals, the most common type of bankruptcy is a Chapter 13. Before you consider filing a Chapter 13 here are some things you should know:

How long do you have to file taxes for Chapter 13?

Before you consider filing a Chapter 13 here are some things you should know: You must file all required tax returns for tax periods ending within four years of your bankruptcy filing. During your bankruptcy you must continue to file, or get an extension of time to file, all required returns.

What happens if you file bankruptcy and don't pay taxes?

During your bankruptcy case you should pay all current taxes as they come due. Failure to file returns and/or pay current taxes during your bankruptcy may result in your case being dismissed. Partnerships and corporations file bankruptcy under Chapter 7 or Chapter 11 of the bankruptcy code. Individuals may also file under Chapter 7 or Chapter 11.

How long does it take for a trustee to sell assets?

Partnerships. Liquidation – Trustee takes control of debtor's assets and tries to sell them to pay creditors. Usually 90 to 120 days. Debtor must file returns for the last four tax periods. Dismissal: IRS may keep payments, and time in bankruptcy extends time to collect remaining tax liabilities.

Can IRS offset postpetition tax overpayments?

IRS may offset post-petition tax overpayments to other tax debts or send them to bankruptcy trustee if requested. Reorganization – allows debtor to pay reduced amount to creditors and stay in business. May also be a liquidation. Debtor must file returns for the last four tax periods.

How long do you have to file taxes in bankruptcy?

Usually 5 years. Debtor must file returns for the last four tax periods. Dismissal: IRS may keep payments, and time in bankruptcy extends time to collect remaining tax liabilities. Discharge: Will eliminate (discharge) tax debts paid in the plan and tax debts older than three years unless returns filed late.

Is bankruptcy legal representation expensive?

To some extent, legal representation can indeed be costly. To get quality representation, like most things, you'll need to pay for it. However, before you jump to any conclusions, you may find that it's more affordable than you think. Many consumer bankruptcy lawyers offer a free initial consultation.

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.

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.

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.

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.

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 bankruptcy judges give legal advice?

Court employees and bankruptcy judges are prohibited by law from offering legal advice. The following is a list of ways your lawyer can help you with your case. 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.

How to help a bankruptcy lawyer?

The following is a list of ways your lawyer can help you with your case. 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, or other property after you file.

How to advise bankruptcy?

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, or other property after you file. Advise you of the tax consequences of filing.

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 a bankruptcy preparer enter information into a bankruptcy form?

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.

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.

How to avoid bankruptcy fees?

Bankruptcy on a Tight Budget. You can avoid lawyer’s fees two ways: File your own bankruptcy or find a lawyer whose time will not cost you anything. You can avoid filing fees by asking the court for a fee waiver.

Can you waive filing fees in bankruptcy?

For example, if your income is below a certain amount, the court may waive your filing fee altogether. Even if your income does not qualify you for a fee waiver, the court may allow you to pay your fee in installments rather than a lump sum.

How to avoid filing fees?

You can avoid lawyer’s fees two ways: File your own bankruptcy or find a lawyer whose time will not cost you anything. You can avoid filing fees by asking the court for a fee waiver.

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.

Can you walk away from a secured debt?

You can potentially walk away from them completely. Secured debts are those which are tied to a specific item as collateral. Most often this is a house or a car, where the house or car serves as collateral for the mortgage or car loan. A Chapter 13 case may be more beneficial to you if you have secured debt.

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 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.

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.

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.

Does filing bankruptcy help?

First, you need to determine whether filing bankruptcy will help you. Bankruptcy is a powerful debt relief tool, but only if it makes sense for your financial situation. Filing any type of bankruptcy provides immediate debt relief through the automatic stay. That’s the law that prohibits creditors from contacting you as soon as your bankruptcy case has been filed. It also stops a wage garnishment right away.

Is bankruptcy a debt relief?

Bankruptcy is a powerful debt relief tool, but only if it makes sense for your financial situation. Filing any type of bankruptcy provides immediate debt relief through the automatic stay . That’s the law that prohibits creditors from contacting you as soon as your bankruptcy case has been filed.

Can creditors contact you as soon as you file bankruptcy?

That’s the law that prohibits creditors from contacting you as soon as your bankruptcy case has been filed. It also stops a wage garnishment right away. Chapter 7 bankruptcy is a very effective tool for erasing credit card debt, medical debts, and most other unsecured debt.

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.

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 the difference between Chapter 7 and Chapter 13?

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.

Does bankruptcy wipe out student loans?

This is determined by the means test analysis, your actual income and expenses and the terms of your repayment plan. A bankruptcy discharge does not wipe out certain non-dischargeable debts like most student loans, child support obligation, alimony, and recent tax debts.

Do you have to disclose bankruptcy?

But most people won't go to that trouble, and you won't need to disclose your bankruptcy unless explicitly required, such as on an application for credit, employment, or security clearance. Learn more about life after bankruptcy.

Do you have to file bankruptcy to join the military?

If you want to join the military, you will typically have to disclose previous bankruptcies during the application process. Depending on the specific branch of the military you are applying to, a credit check can also be required. Because each branch of the military has its own rules about financial eligibility, talk to a military recruiter to learn more about whether filing for bankruptcy will affect your service eligibility.

How long does bankruptcy stay on your credit report?

A Chapter 7 bankruptcy stays on your credit report for ten years after your filing date. A Chapter 13 bankruptcy gets removed after seven years because debtors repay at least some of their debt. While the bankruptcy information remains on your credit report, anyone who pulls your credit can learn of your filing.

How long does it take for a bankruptcy to be removed?

A Chapter 13 bankruptcy gets removed after seven years because debtors repay at least some of their debt. While the bankruptcy information remains on your credit report, anyone who pulls your credit can learn of your filing.

Can you find out if you filed bankruptcy on your credit report?

While the bankruptcy information remains on your credit report, anyone who pulls your credit can learn of your filing. So an employer or credit provider that doesn't directly ask you about previous bankruptcies on your application can find out through a credit check.

What happens if you fail to pay your Chapter 13 plan?

Also, if you are in a Chapter 13 bankruptcy and fail to make your monthly plan payments, in some states, the court or the bankruptcy trustee will send your employer a wage deduction order to withhold the payments directly from your paycheck.

What happens if you lie on your employment application?

If you lie on your employment application, it may be grounds for the employer to terminate or not hire you. Similarly, if you are applying for new credit, you'll want to answer any questions relating to prior bankruptcies truthfully.

What is the Fair Debt Collections Practices Act?

The federal Fair Debt Collections Practices Act, undergirded by certain state laws, protects consumers from abusive and harassing behavior from debt collectors.

What happens if you are sued for a debt?

Most of the time. However, if you’re sued for a debt and fail to show for your court date, you could lose by default. If you defy the court’s order to pay, then you’ve triggered a process that could lead you to jail.

Is credit counseling a competitive industry?

Credit counseling is a competitive industry, so shop around. Compare services, qualifications, certifications, access and cost. Don’t confuse them with credit repair companies, which peddle services you can perform on your own.