how do i file ch 7 without an attorney

When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to determine whether you qualify for Chapter 7 bankruptcy

. The federal government provides a test form. You can also find simplified versions of the test online.

Full Answer

Can I file Chapter 7 bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

What happens if I don’t file my Chapter 7 certificate?

Many people file for Chapter 7 bankruptcy without an attorney. In fact, in some districts, a whopping 28% of bankruptcy filings were by pro se litigants (the legal term for "filing on your own"). Some people represent themselves because they can't afford the attorney fees. Others have simple cases and don't feel the need to hire an attorney.

What does it take to file Chapter 7 bankruptcy?

Nov 15, 2012 · For the most part, the people who are filing for bankruptcy without a lawyer are using some sort of paralegal or typing service but we all know they’re not allowed to give legal advice. In fact, all those folks can do is type up the forms and charge a …

Do I need a lawyer to file bankruptcy?

May 02, 2019 · You Can Avoid Attorney Fees by Filing Without a Bankruptcy Attorney. You don’t have to hire a bankruptcy lawyer to file your case. Bankruptcy law allows individuals (and married couples) to file without one (“pro se”). You can complete the bankruptcy forms on your own or (if you’re eligible) with Upsolve’s free web tool. That’s not to say that filing without a lawyer is …

What happens in Chapter 7?

Motions or Adversary Actions. Most Chapter 7 cases move along predictably: you file for bankruptcy, attend the 341 meeting of creditors, and then get your discharge. But, that's not always the case. Other, more complicated issues can arise that most pro se filers aren't prepared to handle.

What do you need to do before filing for bankruptcy?

In Chapter 7 and Chapter 13 bankruptcy filers must receive credit counseling from an approved provider before filing for bankruptcy, and complete a financial management course before getting a discharge.

Can bankruptcy attorneys meet with you?

And most bankruptcy attorneys will meet with you for free for an initial consultation. That might be enough for you to learn that bankruptcy is not for you, to determine which chapter is best for you, or to discover that you have some issues that might mean going it alone is a bad idea.

Can you lose everything in bankruptcy?

You don't lose everything in bankruptcy. Property exemptions play a vital role in protecting property in both Chapter 7 and Chapter 13 bankruptcy. But, many pro se filers don't list the proper exemption to keep an item of property, and, as a result, risk losing it. If you stand to lose valuable property (like your home or car) ...

What happens to your leases in Chapter 7?

In a Chapter 7 bankruptcy, your leases become the property of the trustee. If you rent an apartment or house at below-market value (New York City residents, think about that rent-stabilized lease) you need to determine the chances of the trustee taking it over and forcing you out of your apartment.

What is the bankruptcy code?

The U.S. Bankruptcy Code governs every bankruptcy case filed in the United States, so you want to be intimately familiar with it – especially Sections 1, 3, 5 and 7. Also hit the local court website and read all the local rules and court orders to ensure that you’re in compliance with forms and procedural requirements. Things like past bankruptcy filings, domestic support ordered and credit counseling requirements are important – ignore them at your own risk.

Do you have to disclose assets in Chapter 7?

You already know that you need to disclose all of you assets, even the ones that are in your name but being used by other people. Though it’s true that you can keep many types of personal property when you file for Chapter 7 bankruptcy, you’ve got to be sure to exempt those assets properly. California’s difficult for some people because there are two types of exemptions to choose; in New York you can choose either the federal exemptions or the state scheme. If you pick the wrong exemption scheme, you’re going to end up losing something you might have otherwise been able to keep.

How to pay for legal help?

Ways To Pay For Legal Help When You Don’t Have Any Money In The First Place 1 Use your tax refund to pay the attorney’s fees: Consumer bankruptcy filings in March and April are much higher than the rest of the year because many people take advantage of their tax refund to pay for legal help. 2 Stop paying your unsecured debts, like credit card debt, and use that money to make payments to the law firm you’ve hired. 3 Sell something that’s not protected by an exemption. Any property you own when you file bankruptcy that isn’t protected by an exemption can be sold by the bankruptcy trustee to pay your creditors. If you already know that something you own won’t be protected, it’s ok to sell it for it’s fair market value and use the funds to pay your bankruptcy lawyer.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy involves a repayment plan and is reserved for folks with a regular monthly income. As a result, filing bankruptcy under Chapter 13 of the Bankruptcy Code usually means the filer is not eligible for a filing fee waiver. Additionally, the Chapter 13 bankruptcy process is pretty complex, so hiring a bankruptcy lawyer is typically ...

Do you have to pay bankruptcy attorney fees upfront?

So, when they say you have to pay the attorneys fees “up front” they often mean “before your bankruptcy case is filed” and not that you have to come up with a lump sum payment somehow.

How to determine if you qualify for Chapter 7?

First you will need to determine if you are eligible to file a Chapter 7 by passing the means test. If you are below a certain threshold for your state you will qualify, otherwise you need to complete both parts of the means test calculation to determine your disposable income.

How long does a Chapter 7 bankruptcy last?

A Chapter 7 is what you think of as a traditional bankruptcy, where you walk away from your debt and get a fresh start. A Chapter 7 case lasts for a significantly shorter amount of time than a Chapter 13 case. A Chapter 13 can be much more complicated. A Chapter 13 involves a repayment plan that will run for three to five years.

What are non-dischargeable debts?

There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.

Is bankruptcy good for unsecured debt?

Bankruptcy is most helpful to people with unsecured debt, like credit cards and medical bills, because these kind of debts are dischargeable. You can potentially walk away from them completely. Secured debts are those which are tied to a specific item as collateral.

How long does it take to get a trustee's meeting?

This is generally a short proceeding, maybe 15-20 minutes, and Trustees are accustomed to working with pro se debtors.

Do I need an attorney to file for bankruptcy?

You are not required to hire an attorney to file bankruptcy. You can do so for free, or with a legal aid organization. Written by Attorney Eva Bacevice. Updated October 7, 2020.

What to do if you are not comfortable with bankruptcy?

If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process. Talk to a Bankruptcy Lawyer.

Does bankruptcy go away?

Priority debts get paid first if money is available to pay creditors. More importantly, they're nondischargeable—they don't go away in bankruptcy.

Can you file bankruptcy without an attorney?

Your case is likely simple enough to handle without an attorney if: creditors aren't alleging fraud against you.

Can you dismiss a Chapter 7 bankruptcy?

If You Have a Complicated Chapter 7 Bankruptcy. Filers don't have an automatic right to dismiss a Chapter 7 case. If you make a mistake, you risk having your case thrown out, your assets being taken and sold, or facing a lawsuit in your bankruptcy case to determine that certain debts shouldn't be discharged.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. You don't need an attorney when filing individual bankruptcy, and filing on your own or "pro se" (the term for representing yourself) is feasible if the case is simple enough.

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

How long do you have to take a post filing course?

Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors. Take a look at the U.S. Trustee Program's site to find an approved course near you. After you've completed the course, the last step is to wait to hear from the bankruptcy court whether your debts have been discharged.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.

How much does a bankruptcy lawyer charge in Georgia?

Typically, the cost of a bankruptcy lawyer ranges somewhere between $649 and $1,500, depending on where you live and how complex your case is. Scheduling a free consultation with a local bankruptcy law firm can’t hurt. If there is anything that may be unusual about your case, investing in a Georgia bankruptcy lawyer may be money well spent. They can help protect you from issues you may not even know exist until the trustee asks you about them.

What is the means test for bankruptcy in Georgia?

The means test is a way for the court to make sure that folks who have the ability to pay their debts, actually do so as part of a Chapter 13 case.

What is a wildcard exemption?

A wildcard exemption allows you to protect any property from your creditors even if it’s not otherwise covered. Once your Georgia bankruptcy petition is submitted to the court, a trustee is assigned to administer (handle) your case. It's the trustee's job to see if you have anything that is not protected by exemptions.

How long does it take to get a 341 in Georgia?

The 341 meeting is a meeting with the trustee that takes place about 30 - 40 days after your Georgia bankruptcy is filed - you can find the exact date and time on your Form 309A. A primary purpose of the meeting is for the trustee to verify your identity, so make sure you are prepared and bring a valid picture ID and proof of your social security number .

What is the second bankruptcy course in Georgia?

The second bankruptcy course has to be completed before you can get your Georgia bankruptcy discharge. This financial management course is similar to the credit counseling course you completed before you filed. You’ll receive quite a few advertisements from companies that offer the second course shortly after filing. It’s important to take the course from a provider that is approved to offer it in Georgia. Once done, you’ll receive a certificate of completion. Some course providers automatically file the certificate with the bankruptcy court for you.

How many counties are there in the Southern District of Georgia?

The Southern District of Georgia covers 43 counties and is broken into 6 divisions. The court provides a listing of each of the divisions and the counties they cover on their website. Interestingly, there is no separate disclosure for folks filing without a bankruptcy lawyer in this district.

Can you file bankruptcy in Georgia if you don't own a home?

If you’ve lived in the Peach State for at least 2 years, you have to use Georgia bankruptcy exemptions. If you don't own a home, you can use the wildcard exemption to protect property that doesn’t fit in any of the other categories.