Can I File Bankruptcy Without An Attorney?
You are not required to hire a bankruptcy lawyer to file your bankruptcy petition for you. You may file your case yourself in what is called “pro se” representation.
Pro se representation can be dangerous, and some unfortunate pro se cases end with devastating results because of mistakes made trying to understand the complex bankruptcy law. A lot is at stake when you file bankruptcy, and filing a bankruptcy petition by yourself can be a complicated and demanding process.
Before the 2005 law change, many individuals with a business or financial background could negotiate the bankruptcy requirements to successfully discharge their debts in a bankruptcy themselves. Since the October 2005 law change, however, the laws are significantly more complex, and hiring a qualified bankruptcy lawyer to assist you is strongly recommended.
Most attorneys have reasonable payment plans available and have the experience and training necessary to give you the best advice possible for your specific situation.
In addition, judges, trustees, and creditors’ lawyers are comfortable working with bankruptcy lawyers, and aren’t always happy to be working with someone not familiar with the intricacies of the law. A trustee may even request that you hire an attorney to help with your bankruptcy schedules if he feels that an attorney will benefit you.
A bankruptcy attorney looks out for your best interests at every step of the bankruptcy process, and makes sure that you get the full relief to which you are entitled under bankruptcy law.