Filing for Bankruptcy Without an Attorney

When you're drowning in debt and considering bankruptcy, the cost of hiring a lawyer might feel overwhelming. The good news is that you don't always need an attorney to file bankruptcy—it's called representing yourself "pro se." However, most people benefit significantly from professional representation, especially in complex cases.

This comprehensive guide explains when filing without a lawyer might be a viable option, the substantial risks involved, and how bankruptcy petition preparers can provide assistance. Understanding these options helps you make an informed decision about the best path forward for your specific situation.

Quick Answer: Can You File Bankruptcy Without a Lawyer?

Yes, you can legally file both Chapter 7 and Chapter 13 bankruptcy without an attorney. This practice is referred to as "pro se" representation, meaning you represent yourself in court. However, success rates vary dramatically between chapters, and the complexity of bankruptcy law makes professional guidance valuable for most people.

When Filing Without an Attorney Might Work

Your bankruptcy case is likely simple enough to handle without professional representation if you meet specific criteria. The general rule is straightforward: the simpler your financial situation, the better your chances of completing bankruptcy on your own. Consider a pro se filing for Chapter 7 bankruptcy only if all these conditions apply:

• You pass the Chapter 7 means test because your household income falls below your state's median income level.
• Your assets are limited and fully protected by bankruptcy exemptions.
• You don't have priority debts, such as recent tax obligations or domestic support arrearages.
• Creditors aren't alleging fraud or threatening legal action against you.
• You're comfortable researching the law and preparing paperwork.

Even straightforward Chapter 7 cases require substantial work. Plan on completing over 50 pages of detailed forms, gathering months of financial documentation, researching federal and state bankruptcy laws, and following local court procedures precisely.

Chapter 7 vs Chapter 13: Success Rates Tell the Story

The type of bankruptcy you need dramatically affects your chances of success without an attorney.

Chapter 7 Success Rates

While exact statistics for Chapter 7 pro se success aren't widely published, many people with simple cases complete the process successfully. Chapter 7 typically takes four to six months and involves straightforward debt elimination without ongoing payment plans.

Chapter 13 Success Rates Are Dismal

The statistics for Chapter 13 pro se filing are sobering. According to the American Bankruptcy Institute, only about 2.3% of people who file Chapter 13 without an attorney complete their repayment plans, leaving 97.7% of pro se Chapter 13 cases unsuccessful.

More than half of pro se Chapter 13 cases are dismissed within three months of filing, and over 80% within six months. Many bankruptcy judges report that they have never seen a successful pro se Chapter 13 case and strongly advise hiring a bankruptcy lawyer.

Risks of Filing Without Professional Help

People representing themselves frequently encounter:

• case dismissal due to incomplete or incorrect paperwork
• loss of property that could have been protected with proper exemption planning
• failure to discharge debts that should have been eliminated
• inadvertent bankruptcy fraud allegations from improper disclosures
• missed deadlines resulting in automatic case dismissal, and
• inability to handle creditor objections or adversary proceedings.

If your case is unsuccessful, you'll remain responsible for paying debts after your case is dismissed. In Chapter 7, the court might not dismiss your case even if you ask for it, and you could lose property you thought you'd keep. In cases of fraud, you risk remaining responsible for an otherwise dischargeable debt, not receiving a discharge at all, and even criminal fines and imprisonment. (11 U.S.C. § 523(a).)

Situations That Always Require Professional Representation

Not all bankruptcy cases are good candidates for self-representation. Here's when you'll want to hire a professional in Chapters 7 and 13.

Complex Chapter 7 Filings

You'll need legal representation if your Chapter 7 case involves a complex case, which would include any of these situations.

• You're operating a small business or sole proprietorship.
• Your income exceeds your state's median level, necessitating detailed means test calculations. (11 U.S.C. § 707(b)(2).)
• You own significant assets that might not be fully exempt.
• You owe priority debts, such as recent taxes or domestic support obligations.
• You have nondischargeable debts, including student loans or debts related to fraud. (11 U.S.C. § 523.)
• You recently made a significant financial transaction or property transfer.

Any Chapter 13 Filing

Given the 2.3% success rate for pro se Chapter 13 cases, professional representation is virtually mandatory. Chapter 13 involves ongoing legal complexity that requires expert guidance throughout the three- to five-year process.

Why Chapter 13 Is Too Complex for Most Pro Se Filers

Chapter 13 bankruptcy involves creating a detailed, three- to five-year repayment plan that must comply with numerous bankruptcy laws. You'll need to:

• Calculate your disposable income using complex formulas.
• Draft a feasible repayment plan that satisfies legal requirements.
• Respond to Chapter 13 trustee and creditor objections.
• Handle plan modifications when circumstances change.
• File additional motions for actions such as lien stripping or cramdowns.

Most bankruptcy attorneys use software to calculate Chapter 13 repayment plans; however, even with this software, drafting a plan still requires legal expertise.

The Bottom Line: When to Hire Professional Help

While filing bankruptcy without an attorney is legally possible, professional representation provides significant value for most people. It's advisable to hire a bankruptcy attorney if any of the following are involved.

• Your case involves any complications beyond basic debt and simple assets.
• You're considering Chapter 13 bankruptcy for any reason.
• You want to keep property that might not be fully exempt.
• You're facing active collection actions or lawsuits.
• You have priority debts or nondischargeable obligations.
• You're uncertain about any aspect of the bankruptcy process.

Free and Low-Cost Alternatives to Consider

Here are some money-saving options to explore:

• bankruptcy courts offering free pro se information sessions, self-help resources and form preparation guidance
• online tools and guidance, including help with local rules and procedures
• legal aid societies for low-income individuals
• law school clinics offering supervised student assistance, and
• unbundled legal services where you pay only for the help you need.

It's also a good idea when filing on your own to purchase a self-help book, like Nolo's "How to File for Chapter 7 Bankruptcy."

Step-by-Step Outline: How to File Chapter 7 Bankruptcy Without an Attorney

Filing for Chapter 7 bankruptcy yourself involves 10 essential steps and takes about four to six months to complete. Understanding the process will help you gain a clearer understanding of it, so you can assess whether filing for bankruptcy without an attorney is right for you. We don't include a timeline for filing Chapter 13 without a lawyer, given that most experts advise against pro se Chapter 13 filings.

Step 1. Assess Your Financial Situation & Gather Documents

Start by getting your credit reports. You can obtain free copies for all three major credit bureaus—Equifax, Experian, and TransUnion—from AnnualCreditReport.com. Identify any debts not appearing on your report.

Next, gather your documents. You can use this as a preliminary bankruptcy document checklist:

• tax returns for the past 2 years
• pay stubs or income proof for the last 6 months
• banking and retirement/brokerage account statements
• property valuations or appraisals
• vehicle registration copies, and
• any other asset/debt/income documents.

Step 2. Complete Required Prefiling Credit Counseling Course

Here are the credit counseling course requirements:

• must be taken from an approved provider
• required to be taken within 6 months before filing
• takes about 1 hour, and
• must file the certificate with the bankruptcy petition.

Tip. Because payment is on a sliding scale, you'll be eligible for a fee waiver if your income is low enough.

Step 3. Complete the Bankruptcy Forms

Filing for Chapter 7 involves completing numerous official federal forms, with the final petition and supporting documents package averaging over 50 pages. Here's a listing of the primary forms you'll complete in Chapter 7 bankruptcy:

• Form 101: Voluntary Petition for Individuals
• Form 106: Summary: Assets and Liabilities Summary
• Schedule A/B through Schedule J
• Form 107: Statement of Financial Affairs
• Form 108: Statement of Intention
• Form 122A-1: Chapter 7 Statement of Current Monthly Income
• Form 122A-2: Means Test Calculation if your income is above the median

Check your bankruptcy district's website for required local forms.

Step 4. Handle the Filing Fee

The options for paying the $338 Chapter 7 filing fee (as of September 2025) include:

• pay in full when filing
• request an installment plan of up to 4 monthly payments, or
• apply for a fee waiver if your household income is under 150% of the federal poverty line.

Use Application to Have Chapter 7 Filing Fee Waived (Form 103B) when applying for a fee waiver. If denied, you'll likely receive an installment plan.

Step 5. Print and Review Your Forms

Check your local court for the number of copies you'll need. Your final packet should include:

• all completed petition forms
• credit counseling certificate, and
• fee waiver or installment application, if applicable.

Step 6. File Your Case at the Bankruptcy Court

You'll either file the petition in the clerk's office, mail it, or use a drop box. Once filed, the "automatic stay" takes effect, stopping most creditor collection actions, including creditor calls, garnishments, foreclosures, repossessions, and collection lawsuits.

The court will mail a notice of the bankruptcy case to you and your creditors. Keep it close. It will contain the following:

• your bankruptcy case number
• the trustee's name, and
• the date, time, and location of the 341 meeting.

The Chapter 7 creditors meeting is the one hearing all filers must attend.

Step 7. Send Required Documents to Your Trustee

You're required to provide financial documents to the trustee no later than 7 days before the 341 meeting. Most trustees have particular requirements—it's a good idea to check the trustee's website for details. You can count on providing the following, at a minimum:

• your last tax return
• two months' worth of pay stubs, and
• two months' worth of bank statements.

Step 8. Complete Financial Management Course

After you file, but before you receive a discharge, you must take a second course in debt management and file the certificate with the court. Here are a few key points to consider about the postfiling debtor education course.

• You'll need your bankruptcy case number.
• It takes approximately one to two hours to complete.
• You must take it from an approved provider.
• You'll pay about $30 to $50 unless you qualify for a fee waiver.

Step 9. Attend Your 341 Meeting of Creditors

Everyone who files for Chapter 7 must attend one hearing with the trustee, called the meeting of creditors. The Chapter 7 trustee conducts the meeting, so a judge won't be present.

• When. 20-40 days after filing.
• Length. Usually 5-10 minutes.
• Where. Often via Zoom or phone.
• What to expect. The trustee verifies identity and financial information; creditors rarely attend.

Tip. You must provide identification in the form of an acceptable picture ID and your Social Security card. If you don't have both, order them before filing. Otherwise, your case will be delayed.

Step 10. Handle Car Loans and Other Secured Debts

You must execute what you stated you planned to do on the Statement of Intention (Form 108), which you must file within 30 days of filing or by the first date set for the 341 meeting, whichever occurs first.

• Return the property to the creditor.
• Negotiate new contract terms in a reaffirmation agreement.
• Pay off the loan in a lump sum.
• Keep making payments without a new agreement if the creditor allows this option.

The amount of time you'll have to complete your choice after the meeting of creditors depends on the particular action.

The final step in the process? Receiving your discharge, which typically occurs 60 days after the trustee concludes the 341 meeting of creditors.

Making Your Decision

While the statistics show that it's possible to handle a simple Chapter 7 case pro se, the vast majority of people benefit from hiring a lawyer. Remember that bankruptcy attorneys often offer free consultations, allowing you to understand your options before making a financial commitment. Many people find that the peace of mind and improved outcomes from professional representation are worth the cost.

Frequently Asked Questions About Filing for Bankruptcy Without an Attorney

Below you'll find answers to common questions about filing for bankruptcy pro se.

What does "discharge" mean?

A discharge is the order legally eliminating your qualifying debts. It's what gives you your fresh start.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file both Chapter 7 and Chapter 13 bankruptcy without an attorney, a practice known as "pro se" representation. However, success rates vary, and professional guidance is often highly valuable due to the complexity of bankruptcy law.

What are the risks of filing pro se?

You'll want to avoid common mistakes, such as filing incomplete or inaccurate forms, missing deadlines, failing to attend the meeting of creditors, or failing to take the required education courses.

How much is the filing fee for bankruptcy?

The Chapter 7 filing fee is $338 (as of September 2025). You can pay in full, request an installment plan, or apply for a fee waiver if your household income is under 150% of the federal poverty line.

When should I definitely hire an attorney?

You should hire an attorney if your case involves any complications beyond basic debt and simple assets, if you are considering Chapter 13 bankruptcy, if you want to keep property that might not be fully exempt, if you're facing active collection actions or lawsuits, if you have priority debts or nondischargeable obligations, or if you are uncertain about any aspect of the bankruptcy process.

What happens if I make a mistake?

Common mistakes can lead to case dismissal, loss of property, failure to discharge debts, inadvertent allegations of bankruptcy fraud, missed deadlines, and an inability to handle creditor objections. This can result in continued liability for the original debts, loss of automatic stay protection, and potentially higher costs associated with hiring an attorney later.

How do I qualify for Chapter 7 vs. Chapter 13?

In Chapter 7, you likely qualify if your household income falls below your state's median income (passing the means test), your assets are limited and fully protected by exemptions, you don't have priority debts, and creditors aren't alleging fraud. Chapter 13 involves a detailed, three- to five-year repayment plan. It is generally considered too complex for most pro se filers, with a very low success rate without an attorney. It will help to learn more about the differences between Chapters 7 and 13.

What is the means test?

In Chapter 7, the means test determines whether you qualify to eliminate debts in Chapter 7.

What are bankruptcy exemptions?

Bankruptcy exemptions are the laws that tell you which types of property and the amount of the property equity that you can protect from creditors.

How long does the process take?

Filing for Chapter 7 bankruptcy typically takes about four to six months to complete. Chapter 13 requires the completion of a three- or five- year repayment plan.

Need More Bankruptcy Help?

Did you know Nolo has made the law accessible for over fifty years? It's true—and we wholeheartedly encourage research and learning. You'll find many more helpful bankruptcy articles on Nolo's bankruptcy homepage. Information needed to complete the official downloadable bankruptcy forms can be found on the U.S. Trustee Program webpage of the Department of Justice.

However, online articles and resources can't address all bankruptcy issues and aren't written with the facts of your particular case in mind. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.