Where can you get free or low-cost legal help with bankruptcy?

Where should you look first?

USA.gov, the federal government's information site, lists the main places to search. Its list of consumer law problems that legal aid may help with includes bankruptcy, debt collection and repossession.2

Who qualifies for legal aid?

The Legal Services Corporation is an independent nonprofit that Congress established to fund civil legal aid for low-income Americans. It funds independent legal aid organizations in every state, the District of Columbia and U.S. territories.4

Programs funded by LSC must set an annual income ceiling, and that ceiling may not be higher than 125% of the current federal poverty guidelines, although a program may adopt authorized exceptions. They must also set reasonable limits on assets. Each program writes its own eligibility policies within those limits.5

Passing the income test does not mean an office can take your case. Whether a particular office handles bankruptcy is something only that office can tell you, so call and ask. If the answer is no, ask who in your area does.

What help can the bankruptcy court give you?

The court is a source of information, not advice. The official bankruptcy forms are free. Each court posts its local rules and other useful information on its website, and the federal courts publish a page of links to the individual court sites.1 6

Court employees and bankruptcy judges are prohibited by law from giving legal advice. They can tell you how the court works, but not what you should do in your case.1

The courts' own page on filing without an attorney points people who need a lawyer to the American Bar Association's legal help resources and to the Legal Services Corporation.1

What if you do not qualify for free help?

There are still ways to bring the cost down.

• Ask about a first meeting. The first consultation with a lawyer is often free, though you should ask before you meet, and the CFPB notes that some bankruptcy attorneys will speak with you initially free of charge.3 7
• Ask about a flat fee. Many lawyers charge a flat fee for uncomplicated services such as filing a simple bankruptcy. Find out exactly what the fee covers and what happens if your case needs more work than expected.3
• Ask the court about its own fees. With permission, the court fees can be paid in installments, and in Chapter 7 the court may waive them if your income is below 150% of the poverty level and you cannot pay even in installments.8 9
• Ask the counseling agency about its fee. People whose household income is below 150% of the poverty level are presumed to qualify for a free or reduced-fee counseling session and debtor education course.10 11

How do you ask so that you get help?

A clear, specific request is easier for a program to place.

1. Start early, and say so if something urgent is coming, such as a foreclosure sale date or a garnishment.
2. Say exactly what you need, for example help deciding whether to file, or help with the forms. The federal courts list both among the things a lawyer can do for you.1
3. Ask about partial help, such as a single consultation, if full representation is not available.
4. Ask for a referral every time the answer is no.
5. Keep a note of who you contacted and when.

What looks like legal help but is not?

A bankruptcy petition preparer is not a substitute for a lawyer. Preparers may only enter information into forms. They may not give legal advice, explain answers to legal questions or help you in bankruptcy court.12 1

Be careful with companies that promise to make debts go away for a fee. The FTC says only scammers try to collect fees before they settle any of your debts, or guarantee results from a government debt relief program.13