Credit counseling first
Nearly everyone who files as an individual must first get credit counseling from an approved agency within the 180 days before filing. Without it, the case may be dismissed. 4 5
The Pro Se Guide
Understand filing bankruptcy on your own, step by step
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What filing on your own means
Individuals can file bankruptcy without an attorney, which is called filing pro se. The federal courts strongly recommend getting advice from a qualified attorney first, because bankruptcy has long-term financial and legal consequences. 1
Filing takes careful preparation, and mistakes or misunderstandings of the law can affect your rights. 1
Court employees and bankruptcy judges are prohibited by law from giving legal advice. 1
A bankruptcy petition preparer is not authorized to practice law. Preparers may only enter information into forms: they may not give legal advice, explain answers to legal questions or help you in bankruptcy court. 2 3
What the guide walks through
The court fees
Chapter 7 court fees come to $338 in total (effective December 1, 2023). With the court's permission, they may be paid in up to four installments, or waived if your income is below 150% of the poverty level and you cannot pay even in installments. 6 4
The meeting of creditors
A trustee, not a judge, runs the 341 meeting. You answer questions under oath about your paperwork, property, debts, income and expenses. 7
The course after filing
Debtor education is a separate course taken after filing, from a U.S. Trustee-approved provider. It is generally required to receive a discharge. 5
Before you start
What filing on your own asks of you
Credit counseling from an approved agency, completed within the 180 days before filing. 4
The Chapter 7 court fees, or the court's permission to pay them in installments or to waive them. 6 4
Government-issued photo ID and proof of your Social Security number for the meeting of creditors. 7
A debtor education course from an approved provider after filing, generally required for a discharge. 5
If you pay someone to help with the forms
A petition preparer must sign every document they prepare with their name and address, may not sign for you, and may not collect money for court filing fees. 3
Preparers must file a sworn declaration of the fees they received from you within the 12 months before the case was filed. Their fees can be capped. 3
Anyone who provides bankruptcy assistance for payment, preparers included, is a debt relief agency under the Bankruptcy Code. They must give you a written contract within 5 business days. 8 9
A debt relief agency may not advise you to take on more debt because you plan to file, or misrepresent its services or the benefits and risks of bankruptcy. 10
Questions before
you start
Does the guide fill in my forms?
No. The guide is general, educational information. It does not prepare forms, give legal advice or tell you what to do in your case. Bankruptcy Route is not a law firm.
What does pro se mean?
Representing yourself in court without a lawyer. Individuals can file bankruptcy this way. 2 1
How do I find an approved credit counseling agency?
The U.S. Trustee Program publishes the list of approved agencies by state and judicial district. It does not recommend any particular agency. In some areas, counseling is offered only online or by phone. 11 12
What if I cannot afford the counseling course?
If your household income is below 150% of the poverty level, you are presumed to qualify for a free or reduced-fee session. The same applies to the debtor education course. 12
Can my business file without a lawyer?
Corporations, partnerships and LLCs generally cannot file for bankruptcy without an attorney. Check the local rules of your bankruptcy court. 13
Sources for this page13 official sources
- Filing Without an Attorney (uscourts.gov)
- Glossary
- 11 U.S. Code § 110(a)(1) (Cornell LII)
- Chapter 7 - Bankruptcy Basics
- U.S. Trustee Program: Credit Counseling & Debtor Education Information
- 28 U.S. Code § 1930 (Cornell LII)
- U.S. Trustee Program: Section 341 Meeting of Creditors
- 11 U.S. Code § 101(12A) (Cornell LII)
- 11 U.S. Code § 528(a) (Cornell LII)
- 11 U.S. Code § 526(a) (Cornell LII)
- U.S. Trustee Program: List of Credit Counseling Agencies Approved Pursuant to 11 U.S.C. 111
- U.S. Trustee Program: FAQs: Credit Counseling
- U.S. Bankruptcy Court, C.D. Cal.: Attorney, Are All Debtors And Creditors Required To Have One?