Do I Need an Attorney to File Bankruptcy?

The law does not require a person to hire an attorney to file bankruptcy.  The bankruptcy can be filed “pro se” where you represent yourself.  However, an individual is taking a risk by not hiring an experienced attorney to navigate the court system and to ensure the paperwork is prepared correctly.

It is extremely important that all schedules required by the bankruptcy court are properly prepared and filed with the court in a timely manner.  The bankruptcy court may dismiss the bankruptcy case if schedules are missing.  In addition, an individual risks losing their assets – cash, houses, cars, businesses, etc. – if the bankruptcy paperwork is not prepared in a way that fully protects the filer’s assets.

There are third party companies that will prepare an individual’s bankruptcy petition.  An individual pays the preparer to complete the forms required by the court.  The preparer cannot provide legal advice to you, help you explain your paperwork should there be questions by the bankruptcy Trustee or the bankruptcy court, or represent you in court.  Only you or an attorney admitted to the bankruptcy court in your district will be allowed to argue your position in front of a judge.

Bankruptcy is a complex area of the law.  Attorneys that practice bankruptcy usually focus primarily on that area of the law.  An individual must decide whether the amount saved by not hiring an attorney is worth the risks of losing their assets or having the bankruptcy dismissed by the court.