How to File Chapter 7 Bankruptcy Without a Lawyer
Determine whether you can apply for a “simple” Chapter 7 bankruptcy., Determine whether you qualify to file for Chapter 7 bankruptcy., Determine if filing bankruptcy on your own is feasible.
Step-by-Step Guide
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Step 1: Determine whether you can apply for a “simple” Chapter 7 bankruptcy.
From a technical standpoint you can file for Chapter 7 bankruptcy regardless of how complicated your case is.
However, if you want a successful outcome, you should determine whether your bankruptcy case would be considered “simple” and thus capable of being filed without legal representation.
Your bankruptcy filing should be relatively simple if:
You own little or no property.
Your creditors are unlikely to extend relief for your non-dischargeable debts.
Your household’s income is not above your state’s median income range.
You have not recently made any property payments or transfers to any of your preferred creditors. -
Step 2: Determine whether you qualify to file for Chapter 7 bankruptcy.
Your ability to qualify for Chapter 7 bankruptcy relief is based on your income and family size relative to your state's standards.
Use a "means test" to determine whether you can file for Chapter 7 bankruptcy.
The means test consists of two forms: the Chapter 7 Statement of Your Monthly Income Form and the Chapter 7 Means Test Calculation Form.
You can find a simplified means test online.
It is a lengthy form, but more than likely you'll have to answer only the first 15 questions.
If you do not qualify for Chapter 7, your only option would be Chapter 13 debt-consolidation bankruptcy. , Legally you have the right to file for bankruptcy without an attorney, but doing so could be counterproductive.
Submitting the wrong forms and otherwise not properly understanding the bankruptcy court filing process could exacerbate your existing financial issues instead of relieving them.
As a result you must think carefully before deciding to file for bankruptcy on your own.
Consider whether you have the free time, resources and skills to conduct relatively in-depth legal research independently.
Don’t file on your own if you have substantial assets beyond your home.
Don’t file for bankruptcy at all if your household income is significantly greater than the state median income. -
Step 3: Determine if filing bankruptcy on your own is feasible.
Detailed Guide
From a technical standpoint you can file for Chapter 7 bankruptcy regardless of how complicated your case is.
However, if you want a successful outcome, you should determine whether your bankruptcy case would be considered “simple” and thus capable of being filed without legal representation.
Your bankruptcy filing should be relatively simple if:
You own little or no property.
Your creditors are unlikely to extend relief for your non-dischargeable debts.
Your household’s income is not above your state’s median income range.
You have not recently made any property payments or transfers to any of your preferred creditors.
Your ability to qualify for Chapter 7 bankruptcy relief is based on your income and family size relative to your state's standards.
Use a "means test" to determine whether you can file for Chapter 7 bankruptcy.
The means test consists of two forms: the Chapter 7 Statement of Your Monthly Income Form and the Chapter 7 Means Test Calculation Form.
You can find a simplified means test online.
It is a lengthy form, but more than likely you'll have to answer only the first 15 questions.
If you do not qualify for Chapter 7, your only option would be Chapter 13 debt-consolidation bankruptcy. , Legally you have the right to file for bankruptcy without an attorney, but doing so could be counterproductive.
Submitting the wrong forms and otherwise not properly understanding the bankruptcy court filing process could exacerbate your existing financial issues instead of relieving them.
As a result you must think carefully before deciding to file for bankruptcy on your own.
Consider whether you have the free time, resources and skills to conduct relatively in-depth legal research independently.
Don’t file on your own if you have substantial assets beyond your home.
Don’t file for bankruptcy at all if your household income is significantly greater than the state median income.
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Sarah Ramirez
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