Can You File Bankruptcy On Your Own?


You have the right to file and handle your own bankruptcy. However, most people myself included would advise against it. But being that you live in a free society by all means feel free to exercise your own judgment and live your life. So if you are set on filing bankruptcy yourself then let's get started.

First of all a good place to start is getting everything applicable to your bankruptcy from the Bankruptcy Court's website if possible. If it's not there then make a visit and ask the clerk for the information. The courts are very particular so make sure you comply and give them what they want. If you defy their direction your case can be dismissed and you'll have to pay court fees all over again.

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Set a date for your filing and get answers to any questions you have at the filing. There should be instructions on the forms you are given from the courts. It's imperative you follow them precisely. If the court requests you to complete a task then make sure you do it.

Make at least two copies of all of the forms and fill one set out in pencil. Take good notes and when you are comfortable with your work go ahead and fill them out in ink and file them with the clerk. The court is clear about its instructions.

When the filing day appointment comes turn in your forms and floppy disk if required. Again, follow the instruction exactly. You will need to pay court fees at that time. Make a copy of the receipt, copies of the forms turned in and an extra copy of the instructions for your next steps. You'll probably be required to go to a financial counseling course prior to your next meeting which will usually be a creditor's meeting.

Lastly, you'll have to attend a creditor's meeting if you're filing chapter 13 bankruptcy. This is an open and public meeting that allows creditors to speak out or even contest the filing itself. Generally speaking most creditors will not show up. The meeting is recorded so be prepared for the fact you will be sworn in and questions will follow. The meeting isn't very long and then you are done. If you did everything right you will eventually receive a form stating final approval of your bankruptcy discharge.

If you take nothing else away from this article I suggest making it a point to get as organized as possible. When you show up for your final hearing they may ask for proof of certain aspects of your case. If you don't have these papers handy it never looks good and can result in a reschedule of the hearing as well as more fee's. So be sure to be organized.

If you have decided against this aspect of doing it yourself almost all local attorneys give a free consult to help you get your questions answered. I personally suggest whatever road you choose to go down to take them up on this free consult as you can learn a lot and there is no obligation.

Personally I advise not trying to do this yourself. Especially if you're trying to file a chapter 7 bankruptcy it is not worth the hassle of trying to save the $1000 to $1500 that most attorneys will charge. The amount of time you will spend and potential mistakes you could make may result in you spending more than this in the end. This isn't even to take into account the amount of stress


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