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People who are filing for bankruptcy are usually facing one of the worst financial situations of their lives. It may be incredibly difficult, if not impossible to afford a lawyer when one is struggling not to lose a house, a car or other possessions. Since bankruptcy laws are very complicated and difficult to understand, hiring a lawyer that specializes in bankruptcy can actually save time or money in the end, especially since lawyers will know exactly what road to take. However, if hiring a lawyer to help with the bankruptcy process is out of the question due to financial reasons, there are things that can be done for someone to act as their own lawyer. Chapter 7 bankruptcy is fairly straightforward, although it is strongly advised to get a lawyer for any other kind of bankruptcy.

• Filing for Chapter 7 bankruptcy without a lawyer can be very scary. No court will go easier on people who decide to represent themselves. Since the individual is acting as their own lawyer, the court will expect them to act like a real lawyer. That means knowing the bankruptcy rules that apply to them, filing any paperwork on their own and figuring out whatever requirements are needed. If one decides to proceed despite the complications, then they should begin acting as a lawyer by going to their local office supply store. While lawyers will have prepare these documents for an individual it is up to them to obtain them and fill them out correctly.

• There are several forms that are needed. They are a Voluntary Petition, a Statement of Current Monthly Income, a Notice to Individual Debtor With Primarily Consumer Debts, a Notice to Debtor by Bankruptcy Petition Preparer, a Statement of Social Security Number and Individual Debtor’s Statement of Compliance With Credit Counseling Requirement. Lawyers are experienced when it comes to filling out forms and filing them, even though a lawyer will often have their paralegal fill them out. Reading the instructions on each form carefully is absolutely necessary when it comes to beginning the bankruptcy defense without a lawyer to help.

• The next step one must take without a lawyer is to go to a credit counseling course. This action should be taken before one files the paper work to request a Chapter 7 bankruptcy. At the end of the session, one will be given a certificate to prove that they completed it. Lawyers still may advise clients to do this, but when one acts as their own lawyer, it is mandatory. This certification is necessary when it comes to completing the Individual Debtors Statement of Compliance With Credit Counseling Requirement. One can not fill out that form until they have the certificate that receive after completing of the credit counseling course. After the certification, one must fill out the Statement of Current Monthly Income. While a lawyer would have been able to advise a client on this, an individual acting as their own lawyer must find bankruptcy laws on their own.

• To file for bankruptcy, an individual must have a monthly income that is lower that the individual’s state’s average income. Lawyers would advise an individual to not file for bankruptcy in their income was high, unless the person is a disabled veteran. That rule does not apply to disabled veterans. Every form that was purchased at the office supply store should now be filled out carefully. With no lawyer to look over the forms, an individual might accidentally make a mistake. Copies should be made of every document submitted. A lawyer always keeps extra copies of important paperwork. If one does not have a lawyer, they alone are responsible for making sure everything gets submitted correctly. The individual is also solely responsible for their private information during the case if they have no lawyer. Usually, lawyers must take the responsibility of those things. The case could be thrown out if the documents are not correctly prepared, so double checking them is very important.

• The local Federal Bankruptcy Court is the next stop. Lawyers will not file the paperwork; it is up to the individual acting as their own lawyer to do it. The original copies of the forms that were previously filled out must be submitted. The copies should be kept by the individual acting as their own lawyer in their bankruptcy case. After the forms have been filed, one must wait for a court to send official notice that they have filed for bankruptcy. It is only then that the a person’s creditors are alerted that their client has filed for bankruptcy.

• While lawyers may have already contacted these debtors, it is up to the individual to deal with them once the creditors are aware of the bankruptcy. This is important because the notification alerts them to the day and time of one’s bankruptcy hearing. Some creditors may fight the bankruptcy, especially if the debt is unsecured debt. Many times if a creditor challenges the bankruptcy request, the lawyer is able to have the bankruptcy declared official anyway. Since there are no lawyers involved in this case, the individual must fight the creditors themselves. This can be especially difficult without a lawyer present. Before the hearing, the individual should go to a finance management course. This is because they need a certificate saying that they completed the course to officially be ready to go to court for their bankruptcy.

• The last step is attending the actual hearing for the bankruptcy request. There will be other people, some with lawyers, there to request a bankruptcy as well. Since some of the individuals have lawyers, sitting in the front of the court room may help the individual to get a better idea of what they should say. They can also hear what the judge might ask them. While the lawyers are more qualified to answer these questions, an individual can pick up a few things from listening. When they are called to state their bankruptcy request, they should answer all of the judge’s questions honestly.

The bankruptcy request will be either granted or denied. If it is granted, a letter from the court trustee will be mailed to the individual stating which debts have been discharged.

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