Bankruptcy Is Not A Do It Yourself Project
If you need to file bankruptcy and you would like to make the process more convenient, you should consider using online forms to easily get started.
Note that using online forms does not submit your forms for filing with the bankruptcy court. However, you can use the program to help you fill out forms or download and assemble the form pleadings that you need.
But, there’s more to it than that. Here are some additional facts that you should know before you file for bankruptcy online.
You Must Go To The Bankruptcy Court Clerk To File
Once you have filled out the forms, you will need to go to the nearest federal courthouse and file them with the bankruptcy clerk. You can find the one that covers your jurisdiction by looking in the phone book under US government. Search for a listing for the bankruptcy court and note the address.
Contact the clerk by phone to determine where you should file your petition as well as any filing fees or other information that you should include.
It Is Your Responsibility To Know The Law
When you decide to fill out your forms online and file them yourself, you are acting pro se, which is Latin for “for yourself.” You are undertaking to be your own lawyer and most courts will not grant you much leeway for not knowing the formal procedures as well as the applicable law.
Do not count on the court clerks to assist you as they are specifically instructed not to give legal advice to you.
Be Prepared For The Creditor’s Meeting And Other Requirements
Under recent changes to the bankruptcy statutes, you are required to attend a credit counseling class and meet with a credit counselor before you are allowed to file for bankruptcy.
In addition, even if you meet all of the pre-filing requirements, you will still need to be prepared to attend the creditor’s meeting where you will be required to face all of your creditors along with the bankruptcy trustee.
Filing Bankruptcy Online Is No Substitute For A Bankruptcy Attorney
Now that you know a little more about the details involved with filing for bankruptcy, you are better prepared to determine if you really want to represent yourself.
Even though you can fill out bankruptcy forms online, you will still have to attend a credit counseling class and meet with a credit counselor before you will be allowed to file. You will also have to go to the courthouse to file your pleadings. The clerks will not be able to help you, so be prepared.
In the end, filing bankruptcy online is no substitute for the expertise of having an experienced bankruptcy attorney
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