Many people considering a bankruptcy are down on their luck, down to their last dime and don't feel that they have the money to hire a bankruptcy lawyer. While it is strongly discouraged by most, it is possible to file a cheap bankruptcy and avoid attorney fees. Just as someone can represent him or herself in a criminal case, so can an individual or married couple represent themselves through a Chapter 7 bankruptcy. Representing one's self is referred to as filing Pro Se. Filing Pro Se is by far the most affordable way to file Chapter 7. The process of filing Pro Se involves many steps for the self-represented Chapter 7 filer. At a minimum, one must:
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Obtain the appropriate bankruptcy petition for the jurisdiction in which they live Complete the bankruptcy petition File the petition with the bankruptcy court Pay the $299 Chapter 7 filing fee (or prove insolvency to get it waived) Provide additional documentation, such as paystubs, tax returns and credit reports to the bankruptcy trustee in a timely fashion Represent themselves during the trustee conducted Meeting of the Creditor
While many individuals and couples represent themselves successfully through a Chapter 7 each year, bankruptcy involves deadlines, and can be complicated. Many Pro Se filers run into unexpected pitfalls or unforeseen problems during the bankruptcy proceedings forcing them to eventually hire a lawyer at a higher cost to help them clean up the mess. Many jurisdictions won't allow you to complete a more complex Chapter 13 bankruptcy without attorney representation.
The staff of the U.S. Bankruptcy Court Clerk's office does assist with many aspects of a Pro Se filing, they are however not permitted to help prepare the bankruptcy petition, any other documents, and they CANNOT provide legal advice. All Pro Se filers are expected to comply with their Local Bankruptcy Rules,the U.S. Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. Failure to not be in compliance will result in the dismissal of the filer's case, and also possibly other sanctions - such as a criminal complaint or even prison time an extreme instance.
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