Can You File Bankruptcy Without a Lawyer?

By Mike G.

Yes, you can file bankruptcy without a lawyer. It’s called filing “pro se,” and the federal courts allow it for both Chapter 7 and Chapter 13.[1] Whether it’s a good idea depends on how simple your case is.

What you’d be responsible for

Without a lawyer, every step is yours, and mistakes in the process can affect your rights.[1] That includes:

  • Credit counseling from an approved agency within 180 days before you file, and a debtor education course before your discharge.[2][4]
  • The official forms, available free from the federal courts.[1][3] They list your income, expenses, property, debts and recent financial transactions, and you sign them under penalty of perjury.
  • The means test for Chapter 7, which starts by comparing your income with your state’s median.[4] Our means test guide explains both steps.
  • Choosing your exemptions, the rules that decide which property you keep. They vary by state.[4]
  • The meeting of creditors, where you answer questions under oath.[5]
  • Every deadline and court requirement, including your district’s local rules.

When it’s more manageable

Filing on your own tends to be most workable when the case is simple:

  • Chapter 7, not Chapter 13
  • Income clearly below your state’s median
  • You rent rather than own a home
  • Few assets, all of them clearly protected by your exemptions
  • Mostly credit card, medical and personal loan debt
  • No lawsuits, garnishments or recent property transfers

When a lawyer matters most

  • Chapter 13. The repayment plan has to meet several legal tests before a judge will approve it.[6]
  • You own a home or other property with significant equity, where exemption choices decide what you keep.
  • Your income is above your state’s median, so the full means test applies.
  • You’re being sued or garnished, and timing matters.
  • You’ve recently repaid family or transferred property. A trustee can undo some payments and transfers made before filing.[7][8]
  • You have tax debt, support arrears or student loans, which follow special rules. See debts bankruptcy can’t erase.
  • You’ve filed before, since waiting periods and other limits can apply.[9][10]

Lower-cost ways to get help

  • A free consultation. Some bankruptcy attorneys offer a free first consultation.[11] Even if you then file on your own, an hour with someone who files these cases can tell you how complex yours is.
  • Legal aid. If your income is low, a legal aid organization may be able to help for free.[12]
  • Your bankruptcy court’s website. Each bankruptcy court posts its local rules and other information online, and many courts require their own local forms.[1]
  • Bankruptcy petition preparers can type your forms for a fee, but they can’t give legal advice, such as which chapter to file or whether you’ll be able to keep your home, car or other property.[1][13]
  • Fee help. Individual filers can ask to pay the court filing fee in installments. Chapter 7 filers with income below a set level who can’t pay even in installments can ask to have it waived.[14] Our guide to what bankruptcy costs lists the current court fees.

If you file on your own: a checklist

  1. Complete credit counseling with an approved agency within 180 days before filing.[2][4]
  2. Download the official forms from the federal courts.[3]
  3. Look up your state’s exemptions in the current statutes, and your district court’s local rules.
  4. List every debt and every creditor. A debt you leave off may not be discharged.[15] List every asset too.
  5. File with the bankruptcy court for the district where you live.[4]
  6. Prepare for the meeting of creditors. The U.S. Trustee Program explains what to expect.[5]
  7. Complete the debtor education course before your discharge.[2]

Is bankruptcy the right path at all?

The bankruptcy guide compares Chapter 7 and Chapter 13. The Debt Audit shows whether a lower-risk path might fit your numbers first. It takes about five minutes, and nothing you enter is stored or sent.

Run the Debt Audit

Frequently asked questions

Do you need a lawyer to file bankruptcy?

No. Individuals can file without one. But bankruptcy has strict rules, and mistakes can affect your rights, so many people at least get a consultation before deciding.

Can I file Chapter 13 without a lawyer?

You’re allowed to, but it’s much harder than Chapter 7. The repayment plan has to meet several legal requirements before a judge approves it.

What can a bankruptcy petition preparer do?

Type your information into the official forms for a fee. They can’t give legal advice, such as which chapter to file or whether you’ll be able to keep your property.

Where do I get the bankruptcy forms?

The official forms are free on the federal courts’ website. Your local bankruptcy court may also require its own local forms.

Related

Sources

  1. Filing Without an Attorney. United States Courts.
  2. Credit Counseling & Debtor Education Information. U.S. Trustee Program, U.S. Department of Justice.
  3. Bankruptcy Forms. United States Courts.
  4. Chapter 7: Bankruptcy Basics. United States Courts.
  5. Section 341 Meeting of Creditors. U.S. Trustee Program, U.S. Department of Justice.
  6. Chapter 13: Bankruptcy Basics. United States Courts.
  7. 11 U.S.C. § 547, Preferences. U.S. Government Publishing Office (govinfo).
  8. 11 U.S.C. § 548, Fraudulent transfers and obligations. U.S. Government Publishing Office (govinfo).
  9. 11 U.S.C. § 727, Discharge. U.S. Government Publishing Office (govinfo).
  10. 11 U.S.C. § 1328, Discharge. U.S. Government Publishing Office (govinfo).
  11. What is a debt relief program and how do I know if I should use one? Consumer Financial Protection Bureau.
  12. I Need Legal Help. Legal Services Corporation.
  13. 11 U.S.C. § 110, Penalty for persons who negligently or fraudulently prepare bankruptcy petitions. U.S. Government Publishing Office (govinfo).
  14. 28 U.S.C. § 1930, Bankruptcy fees. U.S. Government Publishing Office (govinfo).
  15. 11 U.S.C. § 523, Exceptions to discharge. U.S. Government Publishing Office (govinfo).