While it is possible to file an individual or joint (husband and wife) bankruptcy case 'pro se,' that is, without the assistance of an attorney, it is extremely difficult to do so successfully. Hiring a competent attorney is highly recommended.
Local rule 3-9(b) requires, "A corporation, unincorporated association, partnership or other entity may appear only through a member of the bar of this court."
Before filing a Bankruptcy case, either you or your attorney should analyze your eligibility under the Bankruptcy Code and provide you competent, accurate, and current legal advice on the different Chapters (types of bankruptcy, Chapter 7, 11, 12, & 13) as well as information on other forms of debt relief that might be available to you. The analysis should provide you an understanding of the relief you can obtain under each Chapter of the Bankruptcy Code and the inherent duties and limitations of each Chapter.
After discussion and advice of your attorney and regardless of the chapter you decide to file under, each Chapter has documents, court filings, and creditor notice requirements and at least one court hearing. The primary documents are a Petition, the Schedules of Assets and Debts, the Statement of Financial Affairs, the Statement of Intentions, and the Creditor’s Matrix. A Chapter 7 case may require additional negotiations by your attorney and additional documents such as Reaffirmation Agreement. In all Chapter 13 cases a document called a Chapter 13 Plan is required to be filed with the court. This document requires complex calculations and analysis. In addition to this document, the Chapter 13 Plan, a court hearing in front of the Bankruptcy Judge, the Trustee, and your Creditors is required called the Confirmation Hearing.
The documents to be prepared and filed with the court clerk are subject to review and audit. There are severe civil and criminal penalties for inaccurate, incomplete, and untruthful statements in these documents. Therefore, these documents need to be prepared with a completely, accurately, and truthfully and before filing with the Bankruptcy court with the appropriate fees. Each Chapter under the Bankruptcy Code has a court filing fees and a court cost associated with them, which you will have to pay to the clerk of the bankruptcy court upon filing.
After your case is filed, you will be given a notice to appear at the first meeting of creditors, (341 Hearing). The 341 Hearing is presided over by a court official called the Trustee. The Trustee will place you under oath and will ask questions about of you and your financial situation, your documents filed, your assets and debts, your income and expenses to determine, your accuracy, your completeness, and your truthfulness in these documents. Similarly, your creditors may be present at the hearing to ask you specific questions regarding the debts owed to them and about you about you property and assets.
If you select to file for relief under another chapter such as Chapter 11 or Chapter 12 under the Bankruptcy Code you may go it alone or seek the help of a qualified professional to discuss the intricate detailed, your eligibility, and requirements of these Chapters.
Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only an attorney can represent you in court. Bankruptcy petition prepares, can NOT give you legal advice NOR can they represent you when you might really need them at the first meeting of creditors or in court confirmation hearing, or litigation in court.
If you decide to seek bankruptcy relief, you can represent yourself, your can hire an attorney to represent you, or you can get help from a bankruptcy petition preparer who is not an attorney. Again the court has given strict rules and warnings to bankruptcy preparers may NOT provide you legal advice and in the statement below the Bankruptcy Code, Court Rules, and Court Cases have made it plainly clear just what they can NOT do.
The bankruptcy petition preparer is not an attorney and is not authorized to practice law. Specifically, the bankruptcy petition preparer may not instruct or advise the debtor(s):
- Whether to file a bankruptcy petition
- Under which Chapter of the Bankruptcy Code to file the voluntary petition;
- How to respond to the bankruptcy forms required in connection with the filing of the bankruptcy case;
- What exemptions should be claimed?
- Whether any particular debts are dischargeable or nondischargeable;
- The effect of a bankruptcy filing upon a foreclosure and whether the debtor(s) may keep a home.
- Whether the debtor(s) may avoid or eliminate any liens or recover any assets in connection with the bankruptcy case;
- Whether the debtor(s) may redeem property;
- Whether the debtor(s) may or should reaffirm any debts;
- Whether the debtor(s) is entitled to a discharge under the Bankruptcy Code, and what defenses the debtor may have to an objection to discharge;
- Concerning the tax consequences of any aspect of the bankruptcy case.
- Represent any party at any creditors meetings, court hearings, or court appearance.
- The bankruptcy petition preparer may only type forms and file documents.
Finally, ask to see a contract before you hire anyone as the bankruptcy law require an attorney to give you a written contract specifying in detail what services he will perform and how much it will cost you.
We are a debt relief agency. We help people file for relief under the Bankruptcy Code.
