Can you file bankruptcy without a lawyer?

What does filing pro se mean?

Pro se means representing yourself in court without a lawyer. In bankruptcy, it means you prepare and file the petition and the schedules yourself, and you attend the meeting of creditors on your own.6 7

Filing takes careful preparation, and mistakes or misunderstandings of the law can affect your rights.1

Who can help you, and how far?

When you file alone, the people around the case can only help so much. Court employees and bankruptcy judges are prohibited by law from giving legal advice.1

What a petition preparer may and may not do

A bankruptcy petition preparer is a non-attorney who prepares bankruptcy documents for pay. The law sets clear limits on them.8 1

• They must sign every document they prepare, with their name and address.8
• They may not sign documents for you, may not use the word "legal" in their ads, and may not collect money for court filing fees.8
• Their fees can be capped, and they must file a sworn declaration of the fees you paid them in the 12 months before the case was filed.8

What every filer still has to do

These steps are the same whether or not you have a lawyer. Filing alone means you track each one yourself.

1. Get credit counseling from a U.S. Trustee-approved agency within the 180 days before you file. A case may be dismissed if you skip it.9 10 11 12
2. Pay the court fees: $338 for Chapter 7 or $313 for Chapter 13 (effective December 1, 2023). With the court's permission you may pay in up to four installments, and Chapter 7 fees may be waived if your income is below 150% of the poverty level and you cannot pay even in installments.4 5 13 9
3. Attend the meeting of creditors, with government-issued photo ID and proof of your Social Security number. A trustee asks you questions under oath; no judge is present.7
4. Complete a debtor education course from an approved provider after filing. It is generally required to receive a discharge.11

When is filing alone hardest?

Some situations add a step that goes beyond filling in forms.

• You own a business: corporations, partnerships and LLCs generally need an attorney under bankruptcy court local rules.2 3
• You want to discharge student loans: that takes a separate lawsuit inside the case, an adversary proceeding, where you must prove undue hardship.14
• You had a case dismissed in the past year: the automatic stay in a new case generally ends after 30 days unless the court extends it.15