2006-07-22 05:18:48 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can file without an attorney. Since October 17, 2005, the forms have changed are there are more forms to fill out. Your best bet would be to find your US Bankruptcy Court in your district and obtain the proper forms from their website. That way you are assured you have the up-to-date forms. You are required, within 180 days prior to filing bankruptcy to attend a credit counseling course from a credit counselor approved by the US Trustee's Office (they have a website and there should be a list of them) and file the certificate with the court. You must file a means test as well, that will help you determine what chapter you are elible to file. Additionally, after the filing of the bankruptcy, you must attend a personal financial management course and file that certificate with the court. If a creditor files an adversary proceeding to determine dischargeability of a debt, you could handle that on your own as well, but it is not adviseable. Hope this helps.
2006-07-23 01:25:39 · answer #1 · answered by legalbeagal250 2 · 4⤊ 1⤋
You can file "pro se" which means without an attorney. If you do this, you will only have to pay the filing fees. Nolo Press offers very good books on the legal process.
If you are very low income, it is possible to get a waiver for the filing fee. I'm sure the bankruptcy court in your area can give you the forms needed for this.
If you file a chapter 13, you can include your attorney fees in the amount that you pay back to your debtors. If your income is high enough that you have to file chapter 13, use a lawyer. It is my understanding that the laws for bankruptcy are so complicated that a lawyer is a great thing to have for these cases.
2006-07-23 09:46:55 · answer #2 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
You can but it is not always wise. If you screw up on the paperwork and you do not fully know the laws (by the way which all changed late last year) you cannot ammend or re-file. It is not that expensive to hire a bankruptcy attorney (usually around $600.00) and well worth it. shop around for an attorney that you can afford. The first consultation is always free too. It's is better to hire an expert, especially where the law and courts are involved. Not wise to try and do this yourself. Don't let people tell you how "simple" it is. If it were so simple there would be no bankruptcy attorneys. It is very complicated depending on your situation and assets.
2006-07-22 05:32:35 · answer #3 · answered by Island Queen 6 · 0⤊ 0⤋
You can do it yourself, There is kits you can buy (if your in the states), at office supply stores, that allow you to do so without an attorney. you still have to pay filing fees, Court fees and such. There is much involved. I have helped a couple people with theirs, however, the law changed last year, so pay an attorney 300-500$, and let the attorney handle it, so there is no mistakes
2006-07-22 05:24:15 · answer #4 · answered by G. M. 6 · 0⤊ 0⤋
buy a fill int he blank bankruptcy kit and fill it in, and file it with the court.
Now if you have people who dispute the claims and the such, you will wish you had an attorney.
2006-07-22 05:22:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
handelonthelaw.com
2006-07-22 05:24:17 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you cant
2006-07-22 05:21:47 · answer #7 · answered by ? 2 · 0⤊ 0⤋