Can You File Bankruptcy On Your Own?

Often I’m asked whether or not someone can file a bankruptcy on their own? The answer is yes, but I will never recommend it. When the law changed on October 17, 2005, bankruptcy became much more complicated than it already was.
Before, an individual could get the forms, fill them out to the best of their ability, file it with the court, appear at the meeting, and the trustee would help them make any needed amendments.
Now, there are many more requirements, more amendments needed, if any, and many more things you need to know. This is why you don’t want to file a bankruptcy case on your own.
You need to go through an experienced bankruptcy attorney. There are many attorneys who practice real estate, criminal law, and personal injury who are now moving into the bankruptcy area because they see it as lucrative and popular.
Truth be told, it takes a long time to become an experienced bankruptcy attorney. It not something you learn overnight. You don’t want to trust your case, your property, and your future to an attorney who doesn’t practice bankruptcy law regularly.
You need to check out each lawyer’s resources. Check out their website, their references. See if they have written anything on the topic. See if you can meet with them in their office so you can get a “feel” for them. I cannot express that enough. There are several things that can happen if you make a mistake.
For example, if you file your case without taking the credit counseling class beforehand, you just wasted your money. You will have to take the credit counseling class and file your case again. Furthermore, you don’t want to file a case if without knowing how to protect your property. Each state has specific property limits that you are allowed to keep in a bankruptcy. If you don’t properly disclose and exempt those properties, you can lose them to a Chapter 7 trustee.
And, if you don’t know the process, you don’t know what is happening next. You don’t know what to say, how to handle creditor’s phone calls, etc. You simply don’t know how to handle it. So do me a favor, hire an experience bankruptcy attorney. I can’t stress that enough. You will have a successful bankruptcy. If you will try it alone, you very well may run into problems.