how to file chapter 7 bankruptcy in pa without an attorney

by Prof. Elroy Howe IV 6 min read

How to File Bankruptcy without a Lawyer in PA.
  • Print out the PA bankruptcy documents you need;
  • Gather all of the required financial information and documents;
  • Complete the PA bankruptcy documents;
  • Complete your means test analysis to show you are income-qualified to file Chapter 7;
  • Take your credit counseling course and get the Certification of Completion;
  • Fill out the Application for Waiver of Filing Fee;
  • Go to the Court to file all of your forms;
  • Mail the required documents to the Chapter 7 Trustee;
  • Take the Financial Management Course and get the Certification of Completion;

Full Answer

How to file "Chapter 7" bankruptcy yourself?

Feb 21, 2020 · How to File Bankruptcy without a Lawyer in PA. The court provides a detailed Chapter 7 checklist online, but here are the steps you will need to take to file a bankruptcy case in Pennsylvania pro se: Print out the PA bankruptcy documents you need; Gather all of the required financial information and documents; Complete the PA bankruptcy documents;

What are the steps in Chapter 7 bankruptcy?

Jun 12, 2019 · How To File Bankruptcy for Free in Pennsylvania. Filing for Chapter 7 bankruptcy costs money. The costs include a $338 court filing fee, a credit counseling and debtor education course fee, and attorney fees if you hire a bankruptcy lawyer. Courts may waive the filing and credit counseling fees if you can show you can’t afford them.

What happens in Chapter 7 bankruptcy?

Filing 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.

Do I qualify for Chapter 7 bankruptcy?

Sep 27, 2021 · While you may ask how to file for bankruptcy without a lawyer in Pennsylvania, we believe you will be glad you picked up the telephone to call us. As one

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Can I file Chapter 7 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. ... Court employees and bankruptcy judges are prohibited by law from offering legal advice.

How do I qualify for Chapter 7 in PA?

If you don't have enough disposable monthly income to pay even a portion of your debts, you can file for Chapter 7 bankruptcy. If the means test shows that you do have enough disposable income to repay some of your debts, you can file Chapter 13 bankruptcy and repay a portion of your debt with a 3-5 repayment plan.Feb 15, 2022

Do you lose everything when you file Chapter 7?

After filing for Chapter 7, your property will go into a bankruptcy estate held by the Chapter 7 bankruptcy trustee appointed to your case. However, you don't lose everything because you can remove (exempt) property reasonably necessary to maintain a home and employment.

What is the income limit for filing Chapter 7 in Pennsylvania?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

What is Pennsylvania debt relief?

With a Pennsylvania debt settlement, you pay a large lump-sum payment to each of your creditors to settle your debt for less than the full amount. Since you aren't paying your creditors in full, this will have a negative impact on your credit score.Mar 25, 2021

Can you keep your home with Chapter 7?

Most Chapter 7 bankruptcy filers can keep a home if they're current on their mortgage payments and they don't have much equity. However, it's likely that a debtor will lose the home in a Chapter 7 bankruptcy if there's significant equity that the trustee can use to pay creditors.

What can you not do after filing Chapter 7?

What Not To Do When Filing for BankruptcyLying about Your Assets. ... Not Consulting an Attorney. ... Giving Assets (Or Payments) To Family Members. ... Running Up Credit Card Debt. ... Taking on New Debt. ... Raiding The 401(k) ... Transferring Property to Family or Friends. ... Not Doing Your Research.Sep 30, 2021

What happens after discharge in a Chapter 7?

For most filers, a Chapter 7 case will end when you receive your discharge—the order that forgives qualified debt—about four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can't protect (nonexempt assets).

How is Chapter 7 means test calculated?

The means test was designed to limit the use of Chapter 7 bankruptcy to those who can't pay their debts. It does this by deducting specific monthly expenses from your "current monthly income" (your average income over the six calendar months before you file for bankruptcy) to arrive at your monthly "disposable income."

How do I file Chapter 13 in PA?

Pennsylvania requires debtors filing for Chapter 13 to complete credit counseling and financial management courses as part of the process. Within the 180 days before filing, the debtor must complete a credit counseling course. When you begin the initial filing you must include the certificate of completion.Apr 30, 2018

Filing for Bankruptcy in Pennsylvania without an Attorney

How do I file bankruptcy myself in PA? We’re often asked how to file bankruptcy without a lawyer in Pennsylvania. The American Bankruptcy Institute reported that 10,000 people filed a Chapter 13 bankruptcy themselves (called filing “pro se”) from 2010-2016.

Common Mistakes when Filing for Bankruptcy without an Attorney in PA

I will discuss in detail bankruptcy cases where a person filed on their own without knowing how to file bankruptcy in PA, and wound up with substantial problems as a result of now knowing PA bankruptcy laws yet representing themselves:

Advantages of Working with an Attorney when Filing for Bankruptcy in PA

The hiring of an experienced bankruptcy lawyer can be the best investment you ever make – saving you many many thousands of dollars.

We Can Help You File For Bankruptcy in PA

While you may ask how to file for bankruptcy without a lawyer in Pennsylvania, we believe you will be glad you picked up the telephone to call us.

What is Pennsylvania known for?

Written by Attorney Eva Bacevice. Pennsylvania is well known for being home to the first capital of our country, the Liberty Bell, and the first American flag. Pennsylvania also has a number of tasty claims to fame, including the chocolate capital of the United States (Hershey, PA) and the Philly cheesesteak.

How to file Chapter 7 in Pennsylvania?

In order to file a Chapter 7 case, you will need to qualify under Pennsylvania bankruptcy laws by passing the Means Test. You can do so in one of two ways. First, based on your monthly income and household size, you might immediately qualify for a Chapter 7 if you are under the average median income in Pennsylvania. Second, even if you earn more than the income limit allows, you may still qualify by completing the second portion of the Means Test.

Is Pennsylvania a chocolate state?

Pennsylvania also has a number of tasty claims to fame, including the chocolate capital of the United States (Hershey, PA) and the Philly cheesesteak. What you might not realize, however, is that even though we now associate some food industry giants to Pennsylvania, the road to success was not always easy.

What district is bankruptcy in Pennsylvania?

The bankruptcy court in the district you’re filing in may require additional local forms. Pennsylvania is divided into three federal districts - the Eastern District of Pennsylvania, the Middle District of Pennsylvania, and the Western District of Pennsylvania.

How much does a bankruptcy lawyer cost in Pennsylvania?

The average cost of a bankruptcy lawyer in Pennsylvania is about $1,250, but it can range from just under $1,000 up to $1,500 depending on the complexity of the case and where you’re physically located. If you’re hoping to file with the help of a bankruptcy attorney, schedule a free consultation with them to find out how much they’d charge for your Pennsylvania bankruptcy case.

Do you have to take credit counseling before filing for bankruptcy?

The Bankruptcy Code requires that you complete credit counseling before filing bankruptcy. You can find a list of approved providers for Pennsylvania bankruptcy cases here. There are many providers who offer online or phone options for this first course. There’s a second course you’ll have to take after filing your bankruptcy case.

What is the Eastern District of Pennsylvania?

Eastern District of Pennsylvania Requirements. The Eastern District is divided into two divisions with courthouses in Philadelphia and Reading. The Philadelphia division handles cases for Bucks, Montgomery, Delaware, Philadelphia, and Chester counties.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can I file for 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.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Mistakes Can Be Critical to a Successful Filing

The reason being and a big consideration for people is, once you become part of the bankruptcy process, for example, if you file a Chapter 7 bankruptcy, and you’ve made some sort of error.

Retain An Experienced Bankruptcy Attorney

So, to me, one of the riskiest things that a potential bankruptcy filer could do would be to not only do it by themselves but to use an attorney that doesn’t do a lot of it, because an error in bankruptcy can be absolutely critical.

How to write a complaint letter?

For example, they cannot: 1 Explain the meaning of a particular statutory provision or rule 2 Give an interpretation of case law 3 Explain the result of taking or not taking action in a case 4 Help you complete forms, or advise you regarding what is legally required when a form elicits information from you. 5 Tell you whether jurisdiction is proper in a case 6 Tell you whether a complaint properly presents a claim 7 Provide advice on the best procedure to accomplish a particular goal 8 Apply a rule or statute 9 Explain who should receive proper notice or service.

What is a pro se filer?

The legal term for an individual who is not represented by an attorney is “pro se.”. The purpose of these pro se web pages is to provide the pro se filer, (someone who represents himself or herself without a lawyer), with access to some information about the bankruptcy process and information about local procedures that you must know.

Who can file proof of claim?

A proof of claim may be filed by an individual, corporate entity, or partnership with or without an attorney. There are many complicated issues that may come up in a bankruptcy case, individuals may wish to hire an attorney who is allowed to practice in this bankruptcy court.

Do you have to have an attorney to file bankruptcy?

Individuals appearing as debtors (including husbands and wives filing jointly), creditors or other interested parties before this court do not have to be represented by an attorney. An individual may represent him or herself in bankruptcy court without an attorney.

Can judges give legal advice?

The judges, judges’ staff, clerk, or clerk’s staff are not permitted to provide legal advice. For example, they cannot: Explain the meaning of a particular statutory provision or rule. Give an interpretation of case law. Explain the result of taking or not taking action in a case.

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 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 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.

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.

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