Do I need a lawyer to file for bankruptcy?


The law does not require to have a lawyer, and if your case is simple and you have few assets, you can successfully file a Chapter 7 bankruptcy yourself. Chapter 13? Not so much. And if you have property to lose, or you're not great with details, getting a lawyers help can be a good idea, no matter what kind of bankruptcy you're filing. Also a lawyer may find ways to help that you haven't' thought of



You're not legally required to use a lawyer to file for bankruptcy. Whether you're a good candidate for handling your own bankruptcy depends on the complexity of your financial situation and your willingness to take the time to learn the rules of bankruptcy. If you're not the type of person willing to carefully read a lot of information and follow instructions to the letteror if your situation has you feeling too overwhelmed to do sothen self-help is probably not for you.

Evaluating your financial situation. If you owe only unsecured debtlike credit card charges or medical billsyou may be able to file for bankruptcy on your own. But you must also consider the amount and type of property you own. If you own your home, have substantial retirement savings, or have other valuable assets, you may want to consult a lawyer to ensure your property is not at risk.

An excellent way to approach the decision to hire a lawyer is to buy (and read) Nolo's book How to File for Chapter 7 Bankruptcy. It will give you a good idea of what issues may arise when you file and flags specific situations when a lawyer's help is called for. It will also give you a good sense of whether the complexity of the filing process is something you'll want to take on alone. (If your financial situation is simple, but you just don't want to deal with the forms, you might consider using a bankruptcy petition preparer to handle the form preparation.)

Other resources, other opinions. Lots of people have opinions on the topic of whether you should get a lawyer. Most lawyerssurprise!think you should always have a lawyer. But, seriously, they make valuable points worth reading as you decide what to do.

The Moran Law Group, in addition to providing loads of valuable free information about bankruptcy, also makes a case for getting a lawyer. The U.S. Courts website also offers information about filing without an attorney. Nolo, too, offers an article called Filing for Bankruptcy Without an Attorney. These sources are all worth reading.

Finding a lawyer. For more information about finding a qualified bankruptcy lawyer near you, see the Lawyers section of this website.


Jurisdictional relevance: US

Legal Consumer - Bakersfield, CALaw. The content of this article pertains to all US states and counties.