Do you need a bankruptcy lawyer?
It depends on the chapter and the complexity.
- A simple Chapter 7 with low income, few assets, and only unsecured debt can often be filed without a lawyer.
- Filing on your own is called filing pro se. Legal aid or a nonprofit can sometimes help at no cost.
- Chapter 13, any real property to protect, or business debt usually calls for an attorney.
- The catch: when a case could be contested, the attorney fee is worth it.
The decision comes down to one thing: how simple is your case?
A bankruptcy filing is a set of forms and a court process. When the facts are plain, the forms are plain, and a careful person can complete them. When the facts get tangled, one wrong entry can cost you property or the discharge. That is where a lawyer earns the fee.
So the question isn't really "lawyer or no lawyer." It's "is my case simple, or not?" The two columns below sort most people quickly.
You can likely file alone if
- You're filing Chapter 7.
- Your income is clearly below the means test.
- You have few or no non-exempt assets.
- You owe only common unsecured debts, like cards or medical bills.
- You're comfortable following instructions carefully.
- A legal-aid or nonprofit filing helper is available to you.
Get a lawyer if
- You're using a Chapter 13 repayment plan.
- You own a home or other equity to protect.
- You carry business or tax debt.
- A creditor may object to your filing.
- You're being sued, or foreclosure is close.
- Anything about your case is unusual.
Where to find help, and what it costs
You have more options than "pay full price" or "go it alone." A few are low- or no-cost.
- The first consult is often no-cost. Many bankruptcy attorneys offer a no-cost first meeting. Use it to find out whether your case is the simple kind, even if you plan to file on your own.
- Legal aid serves low-income filers. Legal-aid societies and court self-help centers assist people who qualify by income. They can review your forms and answer questions.
- Nonprofits help with simple Chapter 7. Some court-approved nonprofit programs walk low-income filers through a straightforward Chapter 7 at little or no cost.
For the full price of hiring counsel and the court's own charges, see what bankruptcy costs. If you're leaning toward filing alone, read filing without a lawyer before you start.
A mistake in a bankruptcy filing can cost you property, or the discharge itself. The discharge is the part that wipes the debt. Lose it, and the whole case was for nothing.
When the case isn't simple, the attorney fee is cheaper than the error. That is the real math: weigh the fee against what one wrong form could cost you.