Can I File Bankruptcy Myself?


Unlike businesses and other entities, individuals are allowed to file for bankruptcy "pro se," or without an attorney. However, this is usually a big mistake and should be avoided if at all possible. Quite simply, United States bankruptcy law is extremely complex and the courts are extremely technical in nature, so attempting to deal with them without professional guidance frequently results in disaster. Further, the end result of a bankruptcy process is not fixed, meaning that even if you manage to get through the process without an attorney you may not get the best arrangement that you could have with professional assistance.

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The bankruptcy courts are largely bureaucratic affairs and you will rarely, if ever, actually stand before the judge. Instead the process is one of filing all the proper documents, with all the proper substantiating documents, in the proper sequence. Failure to follow the procedure perfectly, even minor mistakes, can result in your case being thrown out meaning that you have to start over again, including paying a new $299 each time you have to start over. Further, the information provided has to be demonstrably correct, and accidental omissions or misrepresentations may be treated as deliberate fraud which is subject to criminal prosecution.

Another significant factor is that the court's assumptions are not necessarily those of the petitioner, which means if you want to do certain things - even things that may seem like common sense - you have to specifically ask the court to do so and fill out the appropriate paperwork for the request. Even very obvious things like exempting your property from liquidation has to be specifically asked for, so failing to have a professional guide you may end up turning your bankruptcy into a personal disaster. There is a whole subset of the legal profession that specialized in bankruptcy law because it is complex, so if you have anything at all to lose, it is strongly recommended that you hire a specialized attorney to handle your bankruptcy case.


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