Can an individual file an application for bankruptcy without the assistance of a lawyer? The answer is yes. As long as you know the process on how to file bankruptcy without a lawyer, there is no reason why you cannot do it yourself.
A debtor can file for an application for bankruptcy at a local federal courthouse. Although the filing can be done without the assistance of a lawyer, the debtor must be careful and study the Bankruptcy Code of the United States. The debtor must review all available options.
The U.S. Bankruptcy Code has six chapters on the bankruptcy procedure. These are Chapters 7, 9, 11, 12, 13 and 15. The purpose of these chapters is to allow the debtor to obtain relief from a current financial crisis. If you want to file bankruptcy without a counsel, the following steps are very helpful.
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Know the different chapters of debt relief. As an overview, Chapter 7 deals on the liquidation of the debtor’s properties. This is also commonly known as straight bankruptcy. Chapter 9 is for municipal bankruptcy. Chapter 11 deals with corporate bankruptcy, but may also apply to individuals. Chapter 12 deals with family farmers and fishermen debt rehabilitation. Chapter 13 includes the formulation repayment plan where the debtor will apportion a part of his or her income for debt payment. The last is Chapter 15 which covers international and other ancillary cases.
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Determine the bankruptcy chapter that suits your case. After carefully studying your debt relief options in step one, you can now decide which procedure of bankruptcy you will pursue.
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Ask for assistance from the Bankruptcy Court. The personnel of the court can give you advice on how to go through with your application for bankruptcy. They can teach you on what forms to fill out and documents to secure prior to the filing of your application.
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Secure a bankruptcy kit. You may also directly secure a bankruptcy kit by visiting the federal government’s website. Download the necessary forms to be filled out for your application.
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Complete all paperwork. This includes the complete listing of your existing debts, list of creditors with their addresses, how much you owe each of them, the date when the obligations fall due and the list of your properties. Secure all other documents such as tax returns, bank financial statements and payroll receipts.
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Take the “Means Test” and undergo credit counseling program. These two requirements must be completed. These are very relevant especially under Chapters 7 and 13. After participating in a program, obtain a certificate indicating that you have completed the course.
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Prepare your filing fees. The filing of your application requires the payment of a filing fee. But, if you are financially distressed make payment arrangements with the court authorities.
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File your application before the court. The proper forum is the state’s bankruptcy court of the place where you resided at the time of application.
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Be present during the creditors meeting. During the creditors meeting, be honest with your application. Persuade the creditors and get their positive nod regarding your application for bankruptcy.
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Attend the court hearing. Present your case appropriately and prove the merits of your application. Thereafter, the judge will either grant or deny your application for bankruptcy. Wait for a favorable decision.
An application for bankruptcy can be done with or without a lawyer. But, if permissible it is still best to have an attorney to help you out. At any rate the steps above on how to file bankruptcy without a lawyer are sufficient to guide you as you go forward on your application. a




































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