Do I need an attorney to file bankruptcy?

Federal law does not require you to have an attorney. You are allowed to file pro se, that is, on your own without an attorney. However, without the assistance of an attorney, it is extremely difficult to successfully complete your case and get the result you want. Periodically, I will get a call from someone that started a case on their own and now want to hire an attorney to take over. I always refuse because cleaning up someone else’s mess is always more work than doing it right the first time.

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Although it is possible for individuals to file a bankruptcy case without an attorney, it is not a step to be taken lightly. The process is difficult and you may lose property or other rights if you do not know the law. It takes patience and careful preparation. Both forms of bankruptcy Chapter 7 and Chapter 13 cases are more complicated under the new bankruptcy law.

In bankruptcy, as in all areas of life, remember that the person advertising the cheapest rate is not necessarily the best. A reputable attorney will generally provide counseling on whether bankruptcy is the best option. If bankruptcy is not the right answer for you, a good attorney will offer a range of other suggestions.

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