Pro Se: Filing Bankruptcy Without an Attorney

Filing bankruptcy without the guidance of a lawyer is tricky at best. Having no guidance for what goes on which schedule and how to use your exemptions puts you at risk of a dismissal. Filing bankruptcy without an attorney means you're taking a big risk that you'll get to discharge without any problems.

The Risks Taken When Filing Pro Se

A bankruptcy petition is written in stiff language that takes some time to read through and understand. Being able to comprehend what's required for each schedule and form is a large part of the battle. Exemptions are another major issue. Do you know how to find the state statues that outline them? And there are some states that allow the federal exemptions, which may be more beneficial to your situation. Finding this information takes thorough investigation to make sure that you have the correct information to hand when filing out the paperwork.

Filing the Petition

The bankruptcy court website provides a tutorial for filing bankruptcy without an attorney. But even there you are warned that leaving information out, even by accident, or not performing certain actions by a particular date, can deprive you of assets that you could otherwise keep. You can also stand to lose important rights that are afforded to you by filing. Submitting the petition without having a legal expert look it over at the very least may be costly. 

Another drawback is that you have to take a day off of work to travel to your local district court to file. Can you afford to take a day off of work to deal with what's involved in filing? It's also entirely possible to leave out a schedule by accident. The filing clerk, depending on their mood, may or may not tell you if everything's there. And it's up to the local court rules to inform you of the missing paperwork. You could open up your mail to find that your case is going to be dismissed because of a form that was left out. That will require another day off to go to court and ask for some leniency from the judge.

The Importance of Legal Assistance

If you're considering filing pro se because you can afford a lawyer, you do have options. Contact the bar association for information on lawyers who will work for a lower fee or allow you to make payments while filing your petition. Bankruptcy is a big step, one that will have a major impact on your life. Filing without an attorney can make getting to discharge that much more difficult. Do your best to have one on retainer before going forward.