Tuesday, July 24, 2012

Bankruptcy Filing Information For Pro Se Litigants

By Chloe Gib


The procedure of bankruptcy filing can be a complicated task for individuals without the best background in legal issues. Because legal fees associated with chapter 7 bankruptcy cases can be as expensive as $1800, many individuals are unable to pay for an attorney. Not knowing the bankruptcy rules and the expense of legal professionals are the two reasons that individuals do not file petitions to eliminate debt. Still, those who are seeking to gain financial independence with a Chapter 7 petition should know that legal representation is not needed to eliminate debt.

Many people are unaware that they can file Chapter 7 cases as pro se litigants. Pro se litigants represent themselves in court, instead of being represented by an attorney. While there is a cumbersome amount of paperwork to file according to local jurisdiction laws, there are resources available online and in local court offices.

Forms and filing information can be found online at a variety of websites. There are online companies that provide state required forms and information for a fee. Some of these companies also offer petition preparation services. Pro se litigants should be advised that petition preparers are not permitted to provide legal advice. The responsibility of petition preparers is primarily to complete the forms with the information provided by the individual who has contracted said services.

Chapter 7 petition forms can be found on state district bankruptcy websites at no cost. Many states provide guides and checklists made available to assist petitioners in gathering and filing necessary forms and documentation. In addition, some district websites make available pamphlets, online videos, or a question and answers page to provide an overview of the rules and the litigation process.

One of the biggest complexities in filing bankruptcy for people without legal backgrounds is understanding personal property exemption laws. Pro se filers must determine if their state allows federal exemptions and other available exemptions or whether states have opted to use their own laws. Petitioners should note that some states allow for the use of both federal exemption and state exemption laws. When the appropriate exemption codes and laws have been determined, it is advisable that litigants review codes and laws in depth to ensure the protection of certain personal property under exemption laws.

The Public Access to Court Digital Information (PACER) website is available to the public for case searches and reviews. By opening a free account, pro se litigants can follow the status of their cases in the same fashion as an attorney. All filings are uploaded into this electronic system, allowing petitioners to access, track, and review case files.

With the wealth of information available online, bankruptcy filing without legal representation can be done successfully. There are many online forums where others share personal experiences in dealing with Chapter 7 cases that may be helpful in relieving fears associated with filing without having an attorney to rely on. In addition, local court houses may offer specific days and hours where pro se litigators can speak with pro bono attorneys free of charge.




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