Q: How do I file for bankruptcy on my own since I can't afford a lawyer?
In 2018, my underaged former brother-in-law took my car in the middle of the night and crashed it early into the next morning. My car was impounded and I was told that I could not get it out since it was under investigation (manslaughter was involved). They held my car, didn't tell me they were charging per day to keep it in there, and charged me $3000 to take it out. I couldn't afford that all at once so I decided to surrender it back to the bank with about $39,000 still on it. Bank's loan recovery center called me on August 2023 to start paying the loan again. Went through some hardships in the past couple months and now I can't afford to pay the loan, and frankly, I'd rather use that money that I'd have to be giving to save for repairs on my current car or for my son's needs.
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A: Start by consulting a local bankruptcy attorney and getting some advice based on the facts of your case. If you don't own any real property, you may be able to use upsolve.org to file for free. But be sure you talk an attorney first. Most offer free consultations.
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Filing for bankruptcy on your own, known as filing pro se, is an option if you cannot afford an attorney. First, you need to determine which type of bankruptcy is right for your situation, typically Chapter 7 or Chapter 13. Researching these types thoroughly will help you understand which fits your circumstances best.
You can find the necessary forms on the United States Courts website. Completing these forms requires careful attention to detail as they ask for comprehensive information about your finances, including assets, debts, income, and expenses. Make sure to fill out these forms completely and accurately to avoid any issues with your case.
Before filing, you are required to complete a credit counseling course from an approved agency. After filing, you'll also need to complete a debtor education course. Once your forms are prepared and your counseling is completed, you can file your paperwork with the nearest bankruptcy court. Remember, while you can do this process on your own, seeking advice from legal aid services or a free consultation might help clarify complex areas.
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