Do I Need an Attorney to File Bankruptcy?

No, you do not need an attorney to file for bankruptcy, but you'll want one. Filing for bankruptcy is not the easiest thing in the world if you haven't done it before. Having an attorney take care of your case really is a no-brainer if you want to get the full benefit of US Bankruptcy protection.

Chances are, if you need to file for bankruptcy, you will end up getting an attorney. Over 80% of filers hire an attorney after they realize all the complications and potential mistakes that can end up costing them their personal property, or wind up with debt that should have been wiped out. Check out this page on Filing for Chapter 7 to see what's involved in the petition filing process.

Filing Without an Attorney

If you choose to file without an attorney, go out and buy a book on bankruptcy law. Nolo and some other publishers have some good comprehensive books on planning, filing and going to court. You can also find a lot of useful information online, but nothing on the internet compares to the books available on the subject.

If you file pro se, you cannot use ignorance as an excuse in bankruptcy court. The bankruptcy court highly recommends every petitioner be represented by an attorney, and you won't get any leeway if you screw up the paperwork or make a pre-bankruptcy move that could be construed as bankruptcy fraud.

Hiring an Attorney

Once you realize that you're better off having a professional handle your case, you want to talk to a few local bankruptcy attorney to find out the cost, as well as get a feel for how well they are acquainted with the local bankruptcy court system and judges/trustees.

Talk to a few bankruptcy lawyers local to your area, and make sure you also talk to their office staff. Their paralegal and secretaries often handle a lot of the grunt work in a bankruptcy case, so you'll want to make sure they know their way around the process.

What's a Lawyer Going to Cost?

Typically, a bankruptcy attorney will charge somewhere between $1,200 to $2,000 dollars for a chapter 7 case, and upwards of $4,000 to handle a more complex chapter 13 case. If you find that chapter 13 is a better option for your financial situation, then you pretty much HAVE to have an attorney. Creating a legal strategy and minimizing monthly payments is an art that only an experienced bankruptcy attorney can do right.