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Can I file bankruptcy without an attorney?

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Can I file bankruptcy without an attorney?

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Although it may be possible for some people 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. Chapter 7 (straight bankruptcy) cases are easier. Very few people have been able to successfully file chapter 13 (debt adjustment) cases on their own.

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Although it may be possible for some people 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. Although a chapter 7 bankruptcy is generally somewhat easier, very few people have been able to successfully complete a chapter 13 case on their own.

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Bankruptcy is not the most complicated area of the law procedurally or substantively, and it is certainly possible for people to file for bankruptcy without an attorney, however, it is risky. Some cases actually are fairly complex, and you may lose important rights if you try such a case yourself. As a general rule, Chapter 7 cases are usually easier; Chapter 13 cases are usually significantly more difficult. If you want to try it, there are a number of “How-to” manuals available in bookstores and libraries that may help. To avoid the cost of an attorney, some people use document preparation services, typing services, or paralegal services, which prepare bankruptcy forms for a fee. After the forms are prepared, the client just files them in court himself. Again, these services may be a good deal if your case is simple and no complications arise. Unfortunately, you may not know whether your case is simple or not, except through hindsight, and then it may be too late. What Does It Cost t

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Yes, it is possible to file Pro Se. However, since bankruptcy laws were changed in 2005 the courts have made filing more difficult for individuals. The benefit of an attorney is he/she will know where people get stuck when filling out paper and gathering required documents.

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Although it may be possible for some people 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. Chapter 7 (straight bankruptcy) cases are easier. Very few people have been able to successfully file chapter 13 (debt adjustment) cases on their own.Remember: The law often changes. Each case is different. This page is meant to give you general information and not to give you specific legal advice.

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