Declaring bankruptcy is a huge decision to make, made more difficult by the prospect of hiring an attorney for fees you cannot afford. Some lawyers work pro bono, but they often are so backlogged with cases that their wait time can be up to a year. Bankruptcy law can be complex, but if your situation is fairly simple and you are filing as an individual (not a business), it is absolutely possible to file your case by yourself for only the price of the filing fee.
Familiarize Yourself
To decide whether bankruptcy is right for you, read the Bankruptcy Basics article on the U.S. Courts website (see Resources) which gives a general overview of the process, as well as specific details for Chapters 7 (liquidation) and 13 (repayment), which are the two that individuals would use. If, after reading Bankruptcy Basics, you haven't fallen off of your chair in dread or confusion, then you probably will be able to file your case on your own.
There is a lot of reading involved and a mountain of forms to fill out, so it is a good idea to use a DIY book such as Nolo's highly recommended File Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. These books come with all the forms you will need (aside from additional ones required by your local federal bankruptcy court, which you can pick up in person or find on their website) as well as detailed step-by-step instructions.
What To Do
If you work on these forms a little every day, then you should have your bankruptcy petition ready to be filed within a few weeks, provided you have all the necessary papers, such as your most recent tax return and two months' worth of pay stubs, on hand.
Once you've got your entire Bankruptcy Petition packet in order and have completed the mandatory credit counseling class, go to your local federal bankruptcy court to file. It's recommended that you get there first thing in the morning to avoid lengthy a wait. Also, if you are applying for a court filing fee waiver, you must arrive early so that you have time to stand before a judge who can only make this decision in person on the same day that you file.
Soon after you file your petition, you will receive notification in the mail about the date of your 341 meeting (meeting with your creditors and an appointed U.S. Trustee). This will last just a few minutes and does not require an attorney. After this meeting, you have 45 days in which to take your post-filing, pre-discharge financial management class. Once you've filed a certification of completion, you will receive your Notice of Discharge and will be free to start rebuilding your credit history from scratch.
Tips
If you have any questions along the way that can't be answered on the U.S. Court site or other reliable legal websites (see Resources section below), contact your local BAR association. They often can provide free advice or recommendations to other legal organizations.
If you still have unanswered questions you may have to hire an attorney. Many attorneys provide a free 30-minute consultation, which may be enough. Find one through your local BAR association or at nolo.com.
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