You own a business
Corporations, partnerships and LLCs generally cannot file for bankruptcy without an attorney. Check the local rules of your bankruptcy court. 3
Connect to a bankruptcy lawyer
Talk your situation through with a bankruptcy lawyer
Tell us your state and what is weighing on you. We introduce you to a bankruptcy lawyer who practices where you live, and you decide whether to go ahead.
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No cost to ask. Nothing is filed and nothing is decided until you talk to the lawyer.
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Why talk to a lawyer first
You can file on your own, called filing pro se. The federal courts strongly recommend getting advice from a qualified attorney first, because bankruptcy has long-term financial and legal consequences. 1
Filing takes careful preparation, and mistakes or misunderstandings of the law can affect your rights. 1
Court employees and bankruptcy judges are prohibited by law from giving legal advice. 1
A petition preparer can type information into the forms, but may not give legal advice, explain answers to legal questions or help you in bankruptcy court. 2
When a lawyer matters most
You want to discharge student loans
It takes a separate lawsuit inside the bankruptcy case, called an adversary proceeding, where you must prove undue hardship. 4
You are close to losing your home
A Chapter 13 plan may cure a mortgage default within a reasonable time while regular payments continue. 5
You filed before
If a case of yours was dismissed in the past year, the protection a new filing gives you can end after 30 days, or not start at all. 6
Before you talk
What to have at hand for the first call
A list of what you owe and to whom, including any lawsuits, garnishments or foreclosure notices.
Your recent income and your regular monthly expenses.
Whether you have filed for bankruptcy before, and when.
Government-issued photo ID and proof of your Social Security number: you will need both at the meeting of creditors if you file. 7
Questions worth asking in the consultation
Which chapter fits my situation, and why?
What can I keep, and what could the trustee sell?
What will you charge, and what does the fee cover?
Which steps do I handle myself, such as credit counseling before filing? 8
Questions before
you start
Is it free to ask for an introduction?
Yes. You pay nothing to us. If you hire the lawyer, the fee is agreed between you and the lawyer.
Do I have to hire the lawyer you introduce?
No. The consultation is there to answer your questions. Hiring the lawyer, filing on your own or not filing stays your decision.
Can I file without a lawyer?
Individuals can, and it is called filing pro se. The federal courts strongly recommend getting advice from a qualified attorney first. 1
Can the court clerk help me instead?
Court employees and bankruptcy judges are prohibited by law from giving legal advice. 1
Sources for this page8 official sources
- Filing Without an Attorney (uscourts.gov)
- 11 U.S. Code § 110(a)(1) (Cornell LII)
- U.S. Bankruptcy Court, C.D. Cal.: Attorney, Are All Debtors And Creditors Required To Have One?
- DOJ: Student Loan Discharge Guidance: Fact Sheet (Nov. 17, 2022)
- 11 U.S. Code § 1322(b)(5) (Cornell LII)
- 11 U.S. Code § 362(c)(3)(A), (c)(4)(A)(i) (Cornell LII)
- U.S. Trustee Program: Section 341 Meeting of Creditors
- Chapter 7 - Bankruptcy Basics