Do I Need an Attorney to File in Pennsylvania?

When you’re struggling with debt and considering bankruptcy, one of the first questions is: Do I need an attorney to file? The short answer: in Pennsylvania, no individual can file “pro se” (without an attorney) —but doing so carries significant risks. It’s rarely advisable to go it alone. Here’s what you should know about Pennsylvania and federal law.

Filing “Pro Se” in Pennsylvania: What the Rules Say

Federal bankruptcy law allows individuals (but not corporations or partnerships) to represent themselves in bankruptcy court, meaning you could file without an attorney. In the Middle District of Pennsylvania, for example, the court explicitly states that individuals may file without counsel but cautions that you must still comply with the U.S. Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and all local court requirements.

However, corporations and partnerships are not permitted to appear pro se and must always be represented by an attorney.

While self-representation is allowed, courts and clerks’ offices are forbidden from giving you legal advice.

The Practical Challenges of Filing on Your Own

Complex Forms and Procedures

A bankruptcy filing involves dozens of pages of forms, schedules of assets and debts, statements of financial affairs, exemption plans, means tests, and more. Mistakes or omissions can derail your case or expose you to liability.

You must also satisfy procedural requirements such as timely filing, proper notice to creditors, serving documents, and adhering to local rules (for instance, pro se filers in the Middle District must file a certificate of service under Local Rule 9013-3).

Risk of Case Dismissal or Denial of Discharge

If you miss a required filing, fail to submit requested documents, or fail to comply with the terms of your repayment plan (for Chapter 13), the court may dismiss your case—or worse, deny you a discharge of debts.

Creditors or trustees can object to your filings or challenge exemptions and asset valuations, creating hearings or adversary proceedings that require legal argument. Without counsel, you may be unprepared to respond effectively.

Limitations in Court Representation

Although pro se filers may handle many filings, not all courts allow them full access to electronic filing systems. Some courts require pro se filers to submit initiating documents in paper form.

Additionally, even though you may file electronically in certain Pennsylvania districts using Electronic Document Submission (EDS), you remain responsible for following format, deadline, and procedural rules exactly.

When It Makes Sense to Hire an Attorney

• If your debts include complicated issues (taxes, business obligations, large secured debts), legal representation can mean the difference between success and costly mistakes.
• An attorney can guide you in choosing between Chapter 7 and Chapter 13, help you plan which exemptions to use, and protect your interests in objections or adversary matters.
• In more complex cases, representation often speeds up the process, increases certainty, and reduces stress.

Even though you can file alone, having experienced counsel substantially boosts your chances of a favorable outcome.

Contact Our Pennsylvania Bankruptcy Attorney Today

At Audi Law, we routinely assist Pennsylvania residents in navigating the complexities of bankruptcy. If you’re thinking about filing—whether for the first time or again—don’t gamble with your financial future. Contact Audi Law today for a consultation. We’ll evaluate your situation, explain whether filing yourself is feasible (and what risks you’d face), and help you chart the best path forward under Pennsylvania law.