Can you file bankruptcy without a lawyer?
I have a friend that wants to file bankruptcy and she wants to know if one can file bankruptcy on their own. We live in Wisconsin and many of the lawyers charge a lot of money plus she would have to pay the filing fee to claim bankruptcy. Does anyone know if this is something she can do on her own? I feel bad for her, she has never had money problems but when then she had some family members fall into some bad times and she thought she could be superwoman and help them all out meanwhile she left herself short and she is in a really bad situation right now. Any suggestions that I can tell her. Thanks!
Posted August 9th, 2010 in Bankruptcy Q and A. Tagged: bad situation, bankruptcy, family members, filing fee, lawyers, money problems.
Yes, but it’s not a good idea.
August 9th, 2010 at 1:05 pmI’m not sure. I know there are lawers who will get the job done for about 500$ though.
August 9th, 2010 at 1:05 pmPossibly but I really don’t recommend it
August 9th, 2010 at 1:05 pmYes
August 9th, 2010 at 1:05 pmYou could try, but I wouldn’t. There are a lot of filing requirements and a lot of notifications that must be properly sent to creditors. If she files any of it improperly, she won’t be protected from those creditors, and she won’t know how to handle the hearings on her own, most likely.
August 9th, 2010 at 1:05 pmMany people are starting to represent themselves in court because of the lawyer fees are so high.
August 9th, 2010 at 1:05 pmYes she can represent herself.she might be able to get the forms at an office supply store,OfficeMax or Office Depot.
She might be able to get help with the forms from legal aid as well as advice,but I don’t think they can represent her in court,she’d have to ask.
Some legal organizations are trying to get lawyers to take some cases for free or at reduced rates or do certain parts of the proceedings.
She might be able to pay a flat fee to an attorney to assist her and make sure all the paperwork is proper.
Yes. It is called a "pro se" bankruptcy. All your friend has to do is file the paperwork, pay the filing fee, and attend the Section 341(a) creditor’s meeting.
Forms are available online. http://www.uscourts.gov/bkforms/bankruptcy_forms.html
Other than that, I am not in a position to help your friend. I hope she has the good sense to either hire a lawyer or to go to a legal aid office for consultation.
August 9th, 2010 at 1:05 pmLegally, yes she can. As a practical matter, no she can’t. It’s not DIY. It’s complicated and it’s way too important to screw up.
Most lawyers can’t do it without additional training.
August 9th, 2010 at 1:05 pmLawyers are crazy expensive.
To save a lot of money, she can use a service to prepare the documents for her and then she can file them.
They take her information, the create the documents, and then she can file them with all of her information.
August 9th, 2010 at 1:05 pm