Bankruptcy Questions and Answers - Do it yourself?

Do I need an attorney to file bankruptcy?

Individuals may file a bankruptcy petition without an attorney. This is called appearing "pro-per." Keep in mind that the bankruptcy code is very complex and filing a bankruptcy petition requires a thorough knowledge of the bankruptcy code and other laws.

How do I find an experienced bankruptcy attorney?   

If you plan to file in California, consider us at bankrupt-law.com which is sponsored by the Law Offices of Lauren Ross, a federally designated debt relief agency pursuant to Title 11 of the US Code, providing legal assistance to consumers seeking relief under the Bankruptcy Code. Here are some other ways to find a good attorney:

1. Word of mouth - if you know someone who recently filed bankruptcy and feel comfortable talking with them, ask them about their experience.

2. Contact a bankruptcy attorney at a larger law firm in your area and ask for a referral. Attorneys at the large firms know who handles consumer cases in their area competently and usually are more than happy to recommend one or more attorneys.

3. Local bar associations often have referral services that can help you locate an attorney.

4. Organizations like the American Bankruptcy Institute, Commercial Law League of America, or the National Association of Consumer Bankruptcy Attorneys can refer you to a certified attorney in your area.

Once you locate an attorney, call and ask for a initial consultation. Most bankruptcy attorneys offer a free initial consultation. Make sure that you are comfortable with the attorney and can communicate with him or her. The attorney should explain the bankruptcy process in a way you understand. Confirm that the attorney carries malpractice insurance. If you are not completely comfortable with the lawyer, do not feel pressured into hiring him or her; find someone else.

What about non-attorney bankruptcy petition preparers?

Bankruptcy petition preparers are not permitted to provide you with any legal advice.

The bankruptcy petition preparer's role is limited by law solely to typing. A bankruptcy petition preparer can not advise about the law, advise you on how to answer creditor or trustee questions, assist you in planning, or appear with you at the First Meeting of Creditors or in court.