How to File Bankruptcy Without a Lawyer (and Whether You Should)

Is It Legal to File Bankruptcy Without a Lawyer?

Yes, it’s legal in all 50 states to file bankruptcy without a lawyer. This is called filing pro se, a Latin term meaning “for yourself.” People often choose to file pro se to save money, especially if they feel they can’t afford an attorney. They rely on available legal resources to complete the process without professional legal help.

That said, the system can be difficult to navigate, especially if you’re unfamiliar with legal paperwork, court hearings, or financial disclosures. Before we take a look at how to file bankruptcy without a lawyer, let’s take a look at the pros and cons.

Pros of Filing Bankruptcy Without a Lawyer

The number-one pro of filing bankruptcy without a lawyer is that you will avoid paying attorney’s fees. These fees generally range from $1,000 to $3,500, depending on where you live and the complexity of your case. Filing without an attorney eliminates that cost. (This does not include the court filing fees, currently $338 for Chapter 7 and $313 for Chapter 13. These fees are unavoidable and dictated by Bankruptcy Code.) For some, filing pro se can feel empowering. You stay in full control of your case and learn more about your financial and legal situation through the process. Many courts even offer self-help centers or pro se clinics that can guide you through the filing process. Some non-profit organizations also offer assistance for free or at reduced cost.

Cons of Filing Bankruptcy Without a Lawyer

From the outside, learning how to file bankruptcy without a lawyer might seem like a paperwork exercise. But those papers represent a legal process governed by strict rules. Here are a few of the common issues we hear about from pro se filers:

Con: Unintentional Omissions

It’s easy to leave something out without realizing it, like a second bank account, an old vehicle, or a recent gift to a family member. But even small omissions can trigger major consequences. If a missing asset is discovered later (by the trustee or a creditor), it can result in fines, the loss of your discharge, or even legal action.

Con: Discrepancies Between Documents

The court will compare the information in your bankruptcy petition with your tax returns, pay stubs, bank statements, and other financial documents. If something doesn’t line up, even if it’s unintentional, it can raise red flags. For example, failing to report gig income or inconsistencies in your business expenses might call your entire case into question.

Con: Missed Steps After Filing

Many people don’t realize that some debts, like court judgments or tax liens, may still show up on public records, even after a bankruptcy discharge. These need to be cleared through additional legal filings. We’ve seen cases where someone tries to buy a home years later, only to find a judgment they thought was gone still shows up on a title search.

Want to File Bankruptcy Chapter 7 Without a Lawyer? Pros and Cons

Con: Problems with Exemptions

Exemptions help you protect your property during bankruptcy, but they vary by state and must be applied correctly. If you don’t know which exemptions apply, or you list property incorrectly, you could lose assets you would have been allowed to keep.

Con: No Legal Guidance for Complex Situations

For instance, if you have cryptocurrency, own a small business, or recently transferred property, these can all complicate your case. Without legal advice, it can be hard to know how to report these accurately, or what risks they might carry.

Questions to Answer if You Are Consider How to File Bankruptcy Without a Lawyer

If you’re thinking about filing pro se, consider the answers to the following questions. These questions aren’t meant to discourage you. They’re here to help you weigh your options with eyes wide open. Filing without a lawyer is possible. But it works best when you go in informed, prepared, and realistic about the commitment involved.

Question: Do you understand which chapter of bankruptcy, Chapter 7 or Chapter 13, applies to your situation?

Each has different rules, timelines, and eligibility requirements. Filing under the wrong chapter could affect your outcome.

Question: Are you confident in disclosing all sources of income, assets, and recent financial activity?

Even things that seem small, like cash from a side hustle, a Venmo balance, or an old vehicle, must be reported accurately.

Question: Have you talked to bankruptcy attorneys in your state and asked whether they offer payment plans?

Many people assume they can’t afford a bankruptcy attorney, but that’s not always the case. Most bankruptcy attorneys offer free consultations, and many provide flexible payment plans, so you don’t have to pay everything upfront.

On top of that, an attorney may be able to help you move through the process faster, avoid costly mistakes, and ensure that all eligible debts are properly included. Also, once your case is filed, something important happens: collections legally stop. That means no more credit card payments, garnishments, or collection calls. For many people, this pause creates just enough breathing room to afford legal help, often using the very money that was going to creditors before filing.

How Bankruptcy Stops Collection Calls

Question: Do you have a history of successfully navigating new and complex topics on your own?

Filing pro se requires the ability to understand legal language, follow detailed instructions, and stay organized under pressure.

Question: Do you have the time and energy to learn the process and follow it closely?

From forms and financial disclosures to court appearances and post-filing requirements, bankruptcy takes more than a quick afternoon to complete.

Question: Are you prepared to take responsibility if something goes wrong?

When you file pro se, there’s no legal safety net. If your case is dismissed or your discharge is denied, the consequences fall entirely on you. It’s important to remember that if your case is dismissed for any reason, you’ll have to pay the filing fee again to refile. We’ve seen people go through the process, make a mistake, and end up right back where they started, with added stress and expense.

How to File Bankruptcy Without a Lawyer

At the end of the day, how to file bankruptcy without a lawyer, and whether it’s the right choice, is a personal decision. If you choose to file pro se, here’s a general overview of the steps involved. Just keep in mind that this is a broad outline. Be sure to check your state’s specific requirements and explore any free legal resources available to support your situation.

1. Determine Which Bankruptcy Chapter Applies to You

Most individuals file under Chapter 7 or Chapter 13. These chapters serve different purposes and have different qualification standards. Chapter 7 is often used to discharge unsecured debt, while Chapter 13 involves a court-approved repayment plan.

Which one fits your situation depends on factors like income, assets, and the laws in your state. Understanding the differences is essential.

2. Complete the Required Credit Counseling

Before filing, you must take a credit counseling course from an approved provider. Evergreen Financial Counseling offers this course online and provides a certificate of completion, which you will file with the bankruptcy court in your jurisdiction.

Learn More About the Required Courses

3. Collect and Organize Your Financial Information

This includes:

• Tax returns
• Pay stubs or income records
• A list of your debts and assets
• Bank statements
• Information about recent financial activity (including large purchases, asset transfers, or gambling activity)

Missing or misrepresenting any of this information could have long-term consequences.

4. Fill Out the Bankruptcy Forms

Filing for bankruptcy involves completing and submitting a detailed packet of federal forms. These forms require precise, honest information. Be prepared to list every asset.

5. File with the Bankruptcy Court

After completing the forms, you’ll file them with your local bankruptcy court and pay the required filing fee.

6. Attend the 341 Meeting of Creditors

This is a mandatory hearing where you’ll answer questions under oath about your finances. It’s important to be honest and thorough—everything you say is under penalty of perjury.

7. Complete the Debtor Education Course

After you file, but before your debts can be discharged (Chapter 7) or confirmed (Chapter 13), you’ll need to take a debtor education course from an approved provider. This course focuses on budgeting, using credit wisely, and avoiding future financial trouble.

Once completed, you’ll receive a certificate of completion, which must be filed with the court. Without this step, your case won’t be finalized, and your eligible debts won’t be discharged/confirmed. Evergreen Financial Counseling also offers this course online and provides all the documentation you’ll need to meet this requirement.

8. Rebuild Your Credit with the Right Tools

Bankruptcy gives you a fresh start, but rebuilding your credit afterward takes strategy. That’s where 7 Steps to a 720 Credit Score comes in. This post-bankruptcy credit rebuilding program is designed to help you raise your score to 720 in as little as 12 to 24 months. It walks you through when to apply for credit, which cards to consider, how to manage balances, and how to demonstrate responsible financial behavior in a way credit bureaus reward.

If you’ve taken your debtor education course through Evergreen, access to 7 Steps to a 720 Credit Score may be included at no cost. It’s one of the best ways to make the most of your fresh financial start.

Final Thoughts: How to File Bankruptcy Without a Lawyer (and Whether You Should)

Filing bankruptcy on your own can be done, and for some, it might be the right call. But as you’ve seen, it comes with responsibilities, risks, and a steep learning curve. The more complicated your financial situation, the more likely it is that guidance from a professional could save you time, money, and unnecessary stress.