When filing for bankruptcy, do I have to go to court or can I just fill out and send in the required forms?

Answer 1

My parents went through bankruptcy (Chapter 13) twice. I was still in high school so I don't really remember that much about it. I do know that they did go to a bankruptcy lawyer to get the paperwork started. There were also a few court visits too. So in short, yes you will go to court, but not at the very beginning. The court visits will happen after the paperwork has been started.

Answer 2

Filing bankruptcy is much more complicated than simply filling out some forms and sending them in - you should definitely contact an attorney. Many will meet with you the first time at no charge.

If you proceed without counsel, you can fill out the forms and send them to the bankruptcy court. However, you should contact your local bankruptcy clerk to find out how many copies you are required to file. You should also keep one copy for your records, and include an extra copy with a self-addressed stamped envelope so the clerk can return a file-stamped copy to you. You must also include payment for the bankruptcy filing fee (for Chapter 7, I believe the filing fee is currently $299.00).

In 2005, Congress enacted bankruptcy reform laws that changed the Chapter 7 bankruptcy process significantly. A couple examples - you must now meet certain income requirements in order to file Chapter 7 (otherwise, you will need to file Chapter 13). You must also take a pre-bankruptcy credit counseling course from an approved organization prior to filing.

After filing, you will be required to attend a hearing in front of the bankruptcy trustee assigned to your case. You will also be required to attend a pre-discharge financial education course.

In a Chapter 7 case, the trustee may also require that you turn over certain assets that are not exempt. Exemptions vary from state to state, but common examples include tax refunds, automobiles, bonuses, funds in your bank account, etc., etc.

Although hiring an attorney may be an expense that you don't think you can afford, you really can't afford not to - you will probably save money and time in the long run. An attorney can advise you how to keep any assets, as well as ensure that your bankruptcy forms are properly completed so that you case is not dismissed.

Best of luck to you...

For more information regarding the Chapter 7 bankruptcy process, you may also want to check out:

Answer 3

You can send the forms to the court. You should check with the court to see their pro se filing procedures and how many copies of your petition you will need.

http://www.uscourts.gov/bkforms/bankruptcy_forms.html#official

You will still have to go to court for your section 341 Meeting of Creditors.

Note: The clerk at the bankruptcy court cannot give you any legal advice, so it is best to contact a bankruptcy attorney in your area.

Answer 4

Before you can file you have to go through credit counseling. It's the law.

If the counselor says you qualify for Chapter Seven you can do it yourself. You usually never have to go to court in a bankruptcy proceeding, but you will have to meet with the trustee and your creditors.

You can buys kits and fill in the blanks. But be careful. If you make a mistake, leave something out or have any assets to protect, you could wind up causing a mess for yourself.

The other side - your creditors - will be represented by lawyers and really you should be to.

Answer 5

You can represent yourself and file banko w/o an attorney, but you should know the regulations about it. If you know how to file- go ahead and do it yourself and save the lawyer fees. If not get an attorney and possibly need to show up in court. You know it may not be that easy anymore to file banko- depending on your state. The laws are getting more sticter. good luck

Answer 6

hire a lawyer, and yes you have to go to court