Can I File Bankruptcy Without an Attorney?

If you’re struggling with debt, you may be asking: can I file for bankruptcy without an attorney? The short answer is yes, federal law allows individuals to file “pro se,” meaning representing yourself, but doing so comes with serious risks and challenges. In this post, we’ll walk through what self-representation entails, when it might work (if ever), and why having legal counsel from Audi Law often makes a crucial difference.

What It Means to File Pro Se

In bankruptcy cases, a filer who represents themselves is known as a pro se filer. The law allows it: there is no requirement that you hire an attorney. Courts must accept filings from pro se petitioners, though they are held to the same strict procedural and documentation rules as attorney-represented cases.

However, self-representation in bankruptcy is especially difficult because the rules are complex: you must complete many forms, schedule your debts and assets, claim applicable exemptions, attend the meeting of creditors, respond to objections, and stay on top of procedural deadlines.

The Pitfalls and Risks of Filing on Your Own

Filing without an attorney carries significant downsides:

• Errors and omissions – Mistakes in your petition, forgetting required schedules or supporting documentation, failing to properly claim exemptions, or missing deadlines can cause your case to be dismissed or your discharge denied.
• Complex legal issues – Bankruptcy may implicate tax issues, non-dischargeable debts (like student loans, child support, certain taxes), preferential transfers, lien stripping, or objections from creditors. A layperson may not spot these traps.
• Lack of guidance – Without legal counsel, you won’t have reliable advice about which chapter to file (Chapter 7 vs. 13), whether you qualify, how best to protect your property, or whether alternatives to bankruptcy make more sense.
• Court and trustee scrutiny – Bankruptcy trustees and judges expect strict compliance with rules. A pro se filer’s lack of legal training can leave them vulnerable to objections, motions to dismiss, or adversary proceedings.

Because of these risks, while pro se filing is technically allowed, it is rarely advisable for people with more than the most straightforward situations.

When Self-Representation Might Be Possible

Self-representation might be somewhat feasible in very simple cases: for example, if your finances are minimal, your debts are straightforward, and you have no real estate or complex assets. Even then, you’d need to carefully study the federal bankruptcy rules, local court guidelines, and the manuals for your district.

Some courts (such as the Middle District of Pennsylvania) even offer a self-help program, where volunteer attorneys provide an initial consultation or limited guidance to individuals filing or considering filing bankruptcy. But these programs do not substitute full legal representation.

Why Audi Law Can Help You Do It Right

At Audi Law PLLC, we know how easily a self-filed bankruptcy can go off the rails. Our goal is to help clients avoid mistakes, minimize risk, and achieve the most favorable outcome. We offer flexible service levels, whether you need full representation, assistance with parts of your filing, or coaching through the process.

Don’t leave your financial fresh start to chance. Call our Hershey office at 717-707-5611 or submit a contact request via our website to set up a consultation. Let Audi Law guide you safely through the bankruptcy process — so you can move forward with confidence.