When you are in debt, the idea of filing for bankruptcy can seem incredibly appealing, as it allows you to help reduce the amount of debt you’re in. However, when looking at your options, the cost of an attorney may have you wondering if this is something you can do on your own. The following blog explores whether it’s possible to file for bankruptcy without an attorney and the risks of embarking on this journey without a Memphis, TN, consumer bankruptcy lawyer to assist you.
Can You File for Bankruptcy Without an Attorney?
There is no law in place that says you need an attorney to represent you when filing for bankruptcy in the United States. In fact, if you file on your own, you are filing “pro se,” or on your own behalf. Additionally, there are bankruptcy petition preparers you can utilize to help you complete your petition to file. These documents can be around 50 pages long on average, so you’ll find that the idea of completing this on your own is too overwhelming. However, you should note that these individuals are not attorneys, nor can they legally provide you with advice on what debts to include or what kind of bankruptcy you should pursue.
What Are the Risks Involved in This Process?
If you want to file for bankruptcy without an attorney, it’s important to understand that this is not something that is generally recommended for several reasons.
First and foremost, without legal representation, creditors are more likely to take advantage of you. When you have an attorney to represent you, they can help protect you from predatory lenders looking to increase your repayment plan or lift the automatic stay to continue to pursue collection efforts against you. However, when you file on your own, you’ll need to handle these matters yourself, in addition to the other aspects of your filing, to protect yourself.
When you file without an attorney, you also risk filing the petition incorrectly. As mentioned, these documents can be up to 50 pages long and require a considerable amount of information. Omitting something, whether by accident or because you think it’s not important, can have drastic impacts on your case. For example, if you fail to list a debt in the petition, you will not receive any relief for it. Additionally, failure to include an asset can result in the dismissal of your case, as the court may believe you are intentionally attempting to defraud the court.
Finally, without an attorney, you may run into an issue you simply don’t know how to handle. Unfortunately, this process is incredibly complex, so the likelihood of this occurring, no matter how much research you have done, is high.
If you’re considering filing for bankruptcy, it’s critical to understand your rights during this process. At the Arnold Law Firm, we understand how difficult this can be, which is why we are committed to doing everything in our power to help you receive the best possible outcome during these difficult times. Contact us today to learn more.
