Question Do you need to use an attorney to file bankruptcy?

[Craig316]

I don't believe attorneys are necessary when filing bankruptcy. I filed my bankruptcy petition pro se and even started my own business at [Advertising link removed. Not allowed w/o permission from owner/Administrator. Please see forum rules at http://www.bkforum.com/announcement.php?f=3] I'm interested to hear what others think of not using an attorney.

[tobee43]

not at all....

check this out on this forum...we have some of the BEST pro se filers ....

http://www.bkforum.com/forumdisplay.php?30-Pro-Se-(Pro-Per)-Filing

[kornellred]

No-asset Chapter 7 filings have the best chance of success on a pro se basis. It is annoying, but can be done.
A debtor will be wasting their time trying to file a complicated Chapter 13 pro se. You will be jumping through more hoops than a circus animal, and that will get boring pretty fast. Only a tightwad would want to do their own dirty work, and tightwads don't generally file for bankruptcy.

[BKAttyMI]

It is your right to represent yourself in America. However, bankruptcy has serious legal ramifications, where if you don't know the law, you may put yourself at risk of losing assets or even committing fraud. Once you file a Chapter 7 case, you are at the mercy of a Trustee. Chapter 13s are hard for an attorney to file, let alone a pro se filer. A successful Chapter 13 case requires lots of specialized experience and knowledge. Most people do not have the knowledge or time to learn all the ins and outs of bankruptcy to file a case without putting themselves at risk. It can be done, obviously, but many pro se filers are just lucky they didn't run into any real trouble. On attorney boards, there are many horror stories of people that have tried to file their own bankruptcy cases, only to have to seek counsel afterwards with disastrous consequences for them. Many times these cases are not "fixable" and assets can not be saved. Most of these situations would have easily been resolved had an attorney been hired in the first place.

Also, in this area, I see many general practicioners practicing bankruptcy on the side, often disastrously. When you visit an attorney, make sure you know what areas they practice and have experience in. The discount attorney down the street might not be the great deal you think it is. My firm charges more than the going rate in our area, but we have extensive experience and knowledge in this area, including myself, with 3 years of experience actually working for a Chapter 13 Trustee's office before going into private practice. I know what raises flags for a Trustee and what you can get away with, that is invaluable.

In short, file pro se at your own risk, never file pro se unless you've spent all the time necessary to know what you're actually doing. If you run into trouble mid-case, it can be hard to fix. NEVER do one of those crazy petition filing services online. Just an attorney's point of view from this side.