Can You File for Bankruptcy Without a Lawyer?

You do not have much money to spend, or else you would not have decided to file for bankruptcy protection. In fact, you might even be waiting until your tax refund arrives in the spring before you can afford to file. Hiring a bankruptcy lawyer sounds like a luxury. The thought might have even crossed your mind that the people who can hire bankruptcy lawyers do not understand the true meaning of the word “bankrupt” like you do. 

In fact, everyone has the right to file for bankruptcy protection, regardless of their income level and the value of their assets. Likewise, everyone has the right to represent themselves in court or to hire an attorney to represent them. For help making an informed decision about whether to represent yourself in bankruptcy court or to hire an attorney to represent you, contact an Oakland Chapter 7 bankruptcy lawyer.

How to Represent Yourself in a Bankruptcy Case

If you represent yourself in a bankruptcy case, you must perform all the duties that a bankruptcy lawyer would ordinarily perform. You must prepare the records to file with your bankruptcy petition and fill out all the paperwork associated with your case. You must attend the 341 meeting with the creditors, where the court determines which debts to discharge and which assets you must forfeit in a Chapter 7 case or how much you must pay toward debt settlement in a Chapter 13 case.

Many applicants consider this a daunting task but choose to represent themselves in bankruptcy court because they are sure that hiring a lawyer is beyond their budget. If you are in this category, you can ask for help at your county’s bankruptcy court or attend a legal aid clinic.

Situations Where You Need a Bankruptcy Lawyer

The people who represent themselves in bankruptcy court because they have no means to afford a lawyer usually have simple bankruptcy cases. They usually have little or no employment income, and all of their assets are of modest value and, therefore, exempt from liquidation in Chapter 7 cases.

The more complex your bankruptcy case, the more likely you are to need a lawyer. These are some situations where it in inadvisable to represent yourself in bankruptcy court:

• You own non-exempt assets, such as cars valued above $7,500 or real estate properties other than the house or condo which is your primary residence
• You are trying to discharge eligible debts, such as credit card debt or medical bills, to free up funds to pay ineligible debts, such as child support
• Some of your debts fall into an eligibility gray area, such as tax debts or student loans
• You have secured your debts with assets, such as your car or house
• Your creditors may challenge a stay on collections

Contact the Law Office of Melanie Tavare About Filing for Bankruptcy When Your Means Are Limited

A debt relief lawyer can help you file for bankruptcy even if your financial circumstances are in desperate shape. Contact the Law Office of Melanie Tavare in Oakland, California, or call (510)255-4646 for a case evaluation.