Can I File For Bankruptcy Online?

You cannot actually declare bankruptcy online despite the many misconceptions that allude that you can. In reality, the most that you can do online is download the requisite bankruptcy forms. You may even utilize online software or seek the help of a bankruptcy attorney to aid you in filling out the forms. However, the actual filing must be done in court.

Even with online preparation, there are rules that have to be met offline. For example, bankruptcy courts vary regarding administrative processes such as the number of petition copies that must be filed. Also, courts have different requirements regarding the submission of the listing of creditors. Each jurisdiction have courts for specific zip codes and you will have to file at the court with jurisdiction over your home address.

Information for a DIY Bankruptcy

If you do decide to initiate a do-it-yourself (DIY) bankruptcy, you at least should research the laws regarding bankruptcy in your state. These laws will list the exemptions you are allowed. States vary regarding what personal and real properties are exempt from the bankruptcy estate. Some jurisdictions disallow federal exemptions while others give you an election of state versus federal exemptions. It is very important that you do not omit any properties from the schedule forms, whether exempt or non-exempt or you risk your case being dismissed.

Once you file your petition pro se (representing yourself) along with the accompanying schedules, you are then required to meet with your creditors in a 341 meeting. You will represent yourself in this meeting and if you have not researched the process, you may not be adequately prepared to field questions or protect your interests.

A pro se bankruptcy should only be done where you have limited assets. If you have various properties, including real property, you should seriously consider consulting an attorney. Even if you are adept at research, an attorney will have more experience about the whole process and will help you avoid unnecessary obstacles that can impede your bankruptcy or have your case dismissed.

Find an Attorney

Find an attorney that offers free consultations so that you can determine whether it is feasible for you to proceed pro se. If you have few assets and are not in danger of a foreclosure or wage garnishment, you may not even need to file bankruptcy. These are issues you should resolve before you attempt to file. An attorney will look at your income and assets to determine if you can pass the means test required in a bankruptcy proceeding. Even if you decide to go pro se, you can consult with an attorney to review your forms to make sure that they are proper and complete.