Can I File a Chapter 7 By Myself, Without an Attorney?

You certainly have the right to file a Chapter 7 case by yourself. The forms are available either on-line or at an office supply store. There are also several books about how to do this.

Here are the problems:

1. Bankruptcy has become significantly more complicated since October 2005, when the BAPCPA changes to the bankruptcy laws were enacted. Many lawyers who used to file the occasional Chapter 7 have given up the practice because of the complications. Particularly, you need to fully understand how the means test works. If you do the calculations incorrectly, you could end up in a deposition at the United States' trustee's office, face a motion to dismiss, or face a motion to convert to Chapter 13.

2. You need to understand about the pre-filing credit counseling requirement as well as the pre-discharge financial management course requirement

3. In order to actually file your case, you will need to have your petition and schedules scanned into PDF format for filing with the Bankruptcy Clerk. You can do this at the Bankruptcy Court and I believe that this process is not particularly complicated, but I have not done it since I file electronically from my office.

4. You may not be able to dismiss a Chapter 7 voluntarily if you change your mind. For example, if you file, but it turns out that you earn too much or own too many assets the judge may not let you out of your case, at least until after your assets are liquidated.

5. You need to understand how the bankruptcy exemption law works and how it applies in Chapter 7 to protect property that the law allows you to protect. If you don't properly declare property as exempt even if the law would otherwise allow you to protect it, then you could lose your property anyway.

6. You will not receive advice from the Chapter 7 trustees or the U.S. Trustees. Their interest is to maximize the recovery of the estate (i.e. your creditors). They are not your friends.

I do not think it is a good idea to try to file bankruptcy without counsel. I have always been willing to work with Chapter 7 debtors with straightforward cases and not a lot of money.