Steps to File for Bankruptcy Without an Attorney
Filing for bankruptcy can feel intimidating — and the idea of paying attorney fees when you’re already struggling financially can make it seem impossible. Because of that, many people choose to file bankruptcy on their own, a process often called “pro se filing.” The good news is that it can be done. The more honest news is that it requires careful organization, patience, and a clear understanding of the process.
This article walks you through the major steps involved in filing for bankruptcy without an attorney, explains common mistakes to avoid, and helps you decide whether doing it yourself is the right choice. This is general information, not legal advice, and bankruptcy laws can vary by country and state — but it will give you a strong foundation to start from.
First, decide which type of bankruptcy fits your situation
Most individuals file either:
- Chapter 7 bankruptcy – eliminates most unsecured debts such as medical bills and credit cards
- Chapter 13 bankruptcy – creates a 3–5 year repayment plan, used when you have steady income or non-exempt assets
Here is a simple way to think about the difference:
- If you have little income, few assets, and debt you cannot pay → Chapter 7
- If you have regular income, want to keep your home or car, and can repay some debt → Chapter 13
To qualify for Chapter 7, you must pass what is called the “means test” — basically comparing your income to the median in your state and evaluating disposable income. If your income is too high, Chapter 13 may be your only option.
Before filing without an attorney, honestly ask yourself:
- Do I understand my assets and debts clearly?
- Am I willing to read court instructions carefully?
- Am I comfortable filing legal paperwork?
- Do I have complicated issues like business ownership, tax debt, or lawsuits?
If your situation is complex, hiring a lawyer might actually save money and protect property in the long run.
Step 1: Gather every financial document you can
Bankruptcy courts require detailed proof of your financial life. Before filing, collect:
- pay stubs or income records (last 6 months)
- federal and state tax returns (last 2 years)
- bank statements
- credit card statements
- mortgage and car loan statements
- medical bills
- collections notices
- list of all assets (home, car, electronics, furniture, jewelry)
- list of all debts and amounts owed
- any lawsuits, wage garnishments, or liens
Do not guess — accuracy is critical. Leaving out income or debts, even by accident, can delay or even dismiss your case.
A good habit is to create a folder labeled “Bankruptcy Documents” and put everything in one place. Organization will make the rest of the process much easier.
Step 2: Complete required credit counseling
Before you can legally file bankruptcy in the United States, you must complete a credit counseling course from an agency approved by the U.S. Trustee Program (or the equivalent authority in your country).
Important points:
- it usually costs $10–$50
- you can do it online or by phone
- it takes about 60–90 minutes
- you will receive a certificate you must file with your bankruptcy paperwork
This step cannot be skipped. If you file without the certificate, your case can be rejected immediately.
Counseling is not designed to talk you out of bankruptcy; it is simply meant to ensure you understand alternatives and what bankruptcy will mean for your finances.
Step 3: Fill out the bankruptcy forms
This is the part that normally scares people — but it’s manageable with patience.
You will need to complete:
- the bankruptcy petition
- schedules listing your assets, income, expenses, and debts
- a statement of financial affairs
- the means test (for Chapter 7)
- creditor mailing list
These forms ask about:
- everything you own
- everyone you owe
- past income
- recent payments to creditors
- property transfers
- leases, lawsuits, and claims
Answer honestly. Bankruptcy courts take accuracy and transparency very seriously. Hiding assets or giving false information can lead not only to dismissal of your case but also serious legal consequences.
Many courts provide self-help guides or clinics that can walk you through forms without giving legal representation. Take advantage of them if available.
Step 4: Pay the filing fee (or request a waiver)
Bankruptcy requires a court filing fee:
- Chapter 7: typically around $338
- Chapter 13: typically around $313
If you cannot afford the fee, you may be able to:
- request a fee waiver, or
- apply to pay the fee in installments
To get a waiver, you typically must show your income is below a certain level and that paying the fee would be a hardship. Never skip this step — your petition is not considered filed until the court accepts it.
Step 5: File your forms with the bankruptcy court
Once your forms are complete, you will:
- print them (often dozens of pages)
- sign them where required
- submit them to your local bankruptcy court clerk
Some districts allow electronic filing for self-represented people; others require in-person submission. Once filed, something powerful happens:
👉 an automatic stay usually goes into effect.
This means:
- wage garnishments stop
- foreclosure temporarily pauses
- most collection calls must stop
Creditors must go through the court from that point forward.
Step 6: Provide additional documentation to the trustee
After filing, a bankruptcy trustee is assigned to your case. Their job is to review your information, look for fraud, and, in Chapter 7, determine whether any non-exempt property should be sold to repay creditors.
You may be asked to provide:
- updated bank statements
- pay stubs
- tax returns
- proof of expenses
Answer promptly and politely — the trustee plays a major role in the outcome of your case.
Step 7: Attend the 341 Meeting of Creditors
About a month after filing, you will attend what is called the 341 meeting (after Section 341 of the Bankruptcy Code).
This is not a trial. There is no judge. It usually lasts 10–15 minutes.
What happens:
- you are sworn in under oath
- the trustee asks questions about your forms
- creditors may attend and ask questions (most do not)
Common questions include:
- Did you list all your assets and debts?
- Have you transferred any property recently?
- Do you expect to inherit money or win a lawsuit?
- Is everything in the paperwork true and accurate?
Bring photo ID and Social Security proof. Missing the meeting can result in dismissal of your case.
Step 8: Complete debtor education course
Before discharge, you must complete a financial management course (different from the first counseling session). This course helps you learn budgeting and credit rebuilding.
Again:
- it typically costs $10–$50
- you receive a certificate
- you must file the certificate with the court
Without this step, the court will not erase your debts even if everything else is complete.
Step 9: Receive your discharge
If everything goes smoothly:
- Chapter 7 discharge usually occurs in about 3–6 months
- Chapter 13 discharge comes after completing your repayment plan
A discharge means:
- most unsecured debts are legally wiped out
- creditors can no longer collect
- you get a financial fresh start
Some debts are not dischargeable, such as:
- most student loans
- certain taxes
- child support or alimony
- court fines and restitution
Understanding which debts remain is essential so you can plan your financial future realistically.
Common mistakes people make when filing without an attorney
Filing on your own is possible, but avoid these frequent errors:
- forgetting to list a creditor
- undervaluing or hiding assets
- missing deadlines or forms
- not passing the means test properly
- failing to complete required courses
- transferring property to family before filing
- not understanding which debts are dischargeable
Any of these mistakes can delay your case or cause dismissal — meaning you would have to start (and pay) again.
When filing without an attorney may not be a good idea
Consider hiring a lawyer if:
- you own a business
- you have significant home equity
- creditors are suing you
- you have large tax debts
- you recently transferred property or money
- you are trying to protect multiple assets
- you are filing Chapter 13
Bankruptcy attorneys often offer free consultations, and fees can sometimes be included in Chapter 13 repayment plans. Even if you plan to file on your own, a one-time consultation can help you avoid big mistakes.
Final thoughts
Filing for bankruptcy without an attorney is not easy — but it is absolutely possible with patience, honesty, and careful preparation. For many people, it becomes the turning point between endless collection calls and a real chance to rebuild their lives.
The key things to remember are:
- educate yourself about Chapter 7 vs. Chapter 13
- stay organized
- be completely honest on every form
- meet every deadline
- complete both required courses
Bankruptcy is not a failure — it is a legal tool designed to help people start over. Used correctly, it can give you the breathing room you need to create a healthier financial future.