Do I Need a Lawyer to File Personal Bankruptcy?
In short, in the United States you do not need a lawyer to file for bankruptcy. In Canada you need a Trustee licensed by the Federal Government.
That being said, bankruptcy law is complex, and it is therefore strongly recommended that any individual considering filing for personal bankruptcy first obtain the advice of a competent bankruptcy attorney. Most bankruptcy attorneys will have a first meeting with you for free, or for a small charge, so that they can help you review your options.
In the United States if you file personal bankruptcy without legal representation, you will not be given any special consideration by the court and you will be held responsible for knowing the requirements of the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure.
This means if you miss a deadline, fail to perform a required task, or fail to respond properly to an action, your bankruptcy case could be dismissed, or you could be denied your discharge from bankruptcy, or you may lose property which you might otherwise have been entitled to keep.
In addition, the Clerkâs Office at your local bankruptcy court is prohibited by law from providing legal advice. Paralegals and typing services are also prohibited by law from providing legal advice. Only an attorney may provide legal advice. In Canada these people are called "Trustees". The following sites provide a list of attorney's and trustees by city in the US and Canada.
Residents of the United States: Chapter 7, 13 Bankruptcy Lawyers
Residents of Canada: Personal Bankruptcy Trustees
Whether you are considering filing for personal bankruptcy protection under Chapter 7 or Chapter 13, bankruptcy is a serious legal procedure, governed by federal law, and therefore the advice of a competent bankruptcy attorney is strongly recommended.
In short, in the United States you do not need a lawyer to file for bankruptcy. In Canada you need a Trustee licensed by the Federal Government.
That being said, bankruptcy law is complex, and it is therefore strongly recommended that any individual considering filing for personal bankruptcy first obtain the advice of a competent bankruptcy attorney. Most bankruptcy attorneys will have a first meeting with you for free, or for a small charge, so that they can help you review your options.
In the United States if you file personal bankruptcy without legal representation, you will not be given any special consideration by the court and you will be held responsible for knowing the requirements of the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure.
This means if you miss a deadline, fail to perform a required task, or fail to respond properly to an action, your bankruptcy case could be dismissed, or you could be denied your discharge from bankruptcy, or you may lose property which you might otherwise have been entitled to keep.
In addition, the Clerkâs Office at your local bankruptcy court is prohibited by law from providing legal advice. Paralegals and typing services are also prohibited by law from providing legal advice. Only an attorney may provide legal advice. In Canada these people are called "Trustees". The following sites provide a list of attorney's and trustees by city in the US and Canada.
Residents of the United States: Chapter 7, 13 Bankruptcy Lawyers
Residents of Canada: Personal Bankruptcy Trustees
Whether you are considering filing for personal bankruptcy protection under Chapter 7 or Chapter 13, bankruptcy is a serious legal procedure, governed by federal law, and therefore the advice of a competent bankruptcy attorney is strongly recommended.
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