Individuals who want to file for bankruptcy protection on their own (that is to say, without an attorney) are filing a pro se bankruptcy. This is a fancy way to say they are doing it themselves. Interestingly enough, many people who file for bankruptcy will do so on their own. And while there is no doubt that using a bankruptcy professional to help complete the confusing paperwork, deal with creditors and the judicial system certainly has its merits, simple bankruptcy cases are really not that difficult to navigate.
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For people who are starting their research into filing for bankruptcy, there are several questions they need to ask themselves. These three questions are just the starting point, but once asked will position the bankrupt well when it comes to getting from where they are today to filing an accurate, complete petition with the Courts.
1. What Chapter? For most individuals who are filing a pro se bankruptcy, it will be either a Chapter 7 or Chapter 13 bankruptcy. In most cases, those filing a Chapter 7 bankruptcy will have a better experience when they file on their own. This is only because Chapter 13 will involve dealing with minimums due to unsecured creditors as well as often-complicated calculations for what can and cannot be restructured under the Chapter 13 plan.
2. What bankruptcy forms need to be completed. All of the forms for filing a petition are available on the government's website. However, there are hundreds of different forms for filing a bankruptcy petition and in the case of Chapter 7 and Chapter 13 filings, not all forms are required. Some bookstores and websites offer these forms at a cost, however in most jurisdictions, the Courts will permit only their own forms. A very few number of websites will actually offer access to those forms at no cost; these sites provide a good starting point.
3. Where do I file? Depending on where you live, it will be either simple or confusing when it comes time to decide where to file your petition. Most Circuits have just a single district, which is also the main office of the court. In those instances, it is fairly easy. To determine where you have to file your bankruptcy papers, the government website offers the most comprehensive information out there.
Again, filing a bankruptcy on your own behalf is not all that difficult for most filers. Where it can get complicated is with various different assets, minimums and other fine details that are often best left to the attorneys who make a living filing bankruptcy papers on behalf of their clients.
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