Risks of a Pro Se Bankruptcy

Business Law

When you decide to handle your own bankruptcy without the assistance of an attorney, the court calls that a pro se bankruptcy. Filing bankruptcy without an attorney is a right you have, but the courts do not recommend doing it.

Too Many Mistakes

The U.S. Courts explain that if you make a mistake on your bankruptcy petition that the bankruptcy court may throw out your case. You have to follow the laws as written. You must meet all requirements and supply all the required information.

You must know the bankruptcy laws and understand them. You cannot ask clerks or other workers at the court for any assistance behind having them provide you with the forms you need. As you can imagine, this could present many opportunities for mistakes.

Common issues that pro se filers run into include:

  • Not filing the correct chapter
  • Trying to discharge non-dischargeable debts
  • Not including all dischargeable debts
  • Omitting required information
  • Not taking proper exemptions
  • Failing to show up in court when required
  • Not completely forms properly

No Excuses

Not being an attorney is not an excuse the court will accept for mistakes or errors in your bankruptcy petition. You must meet the same expectations as an attorney, which, for the average person, is difficult if not impossible to do simply because bankruptcy law is complex and tricky to understand.

Help Available

One thing to be aware of is that if you want legal help, you need to seek out a law firm Mentor OH. Avoid preparers who say they will help you file. These people are usually not lawyers. They have limited training and cannot offer you legal advice.

Final Words

In most cases, it is advisable that you secure an attorney to assist with your bankruptcy. If you choose to file pro se, make sure that you take time to completely read through the laws and at least consider seeking advice from an attorney for things you do not completely understand.


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