Can I DIY My Bankruptcy?

Drowning in debt with creditors calling nonstop? You’ve probably seen ads for bankruptcy attorneys, but when you’re already struggling financially, even legal fees can feel impossible. Maybe you’re wondering: can I just handle my bankruptcy myself?

At Whitten & Whitten, we’ve been helping Northwest Indiana residents file for bankruptcy for years. While the law technically allows you to file bankruptcy without an attorney (called filing “pro se”), we strongly advise against it. DIY bankruptcy might seem like a way to save money, but it often leads to costly mistakes that can make your financial situation worse.

Let’s take a closer look at the dangers of going it alone and how having an experienced attorney can actually save you money, time, and stress in the long run.  

Why Is DIY Bankruptcy a Risky Gamble?

Bankruptcy isn’t just filling out forms; it’s a complex legal process governed by strict rules, deadlines, and technical requirements. Here’s what can go wrong:  

1. The Complexity of Bankruptcy Laws

Bankruptcy law is a maze. It involves:  

• The United States Bankruptcy Code  
• Federal Rules of Bankruptcy Procedure  
• Local court rules  

Even experienced attorneys need to stay updated on changes in these laws. For someone without legal experience, maneuvering this system can be stressful.  

A single missed deadline or mistake in your paperwork can mean:  

• Your case gets dismissed.  
• You lose the automatic stay, which temporarily stops creditor harassment and collection efforts.  
• You will need to start over and pay filing fees again.  

2. Mistakes That Can Cost You

Bankruptcy forms require detailed and accurate information about:  

• Your debts  
• Your assets  
• Your income and expenses  

Small errors can have huge consequences, such as:  

• Losing property: If you undervalue your assets or miss filing exemptions, you could lose items you were legally entitled to keep.  
• Missing debts: Any debts you forget to list won’t be discharged, meaning you’ll still owe them after bankruptcy.  
• Filing under the wrong chapter: Choosing the wrong option (Chapter 7 vs. Chapter 13) could leave you stuck paying more than you need to.  
• Incomplete documentation: Forgetting to submit required forms or evidence could delay or even derail your case entirely.  

3. No Legal Guidance When You Need It Most

Judges and court staff are legally prohibited from offering advice to people who file without an attorney. That means you’re on your own to answer questions like:  

• Is bankruptcy really the best option for me?  
• Should I file Chapter 7 or Chapter 13?  
• What debts will be erased?  
• How does my income affect whether I qualify?  

Without legal insight, you’re forced to make these critical decisions alone, decisions that could affect your financial future for years to come.  

How Does a Bankruptcy Attorney Protect You?

Hiring an attorney might feel like an expense you can’t afford, but it’s an investment in your future. Here’s how an experienced attorney can make the process smoother, less stressful, and more successful:  

1. Maximizing Your Asset Protection

Each state has specific exemption laws that allow you to keep certain types of property, such as your home, car, or retirement accounts. However, these exemptions can be complex, and filing incorrectly could result in the loss of assets that you didn’t need to relinquish.  

A bankruptcy attorney helps you:  

• Claim all eligible exemptions.  
• Accurately value your assets.  
• Retain everything permitted by law.

2. Preventing Costly Errors

An attorney knows exactly how to prepare your case, completing every form accurately and filing them on time. They’ll help you avoid the common pitfalls that cause mistakes, delays, or case dismissals.  

3. Standing Up to Creditors

Creditors often spot when a filer is unrepresented, and they may take advantage by challenging your case or objecting to discharges.  

An attorney evens the playing field, forcing creditors to follow the rules and not intimidate or manipulate you. They’ll fight to protect your rights and aim to get the full relief you’re entitled to.  

4. Simplifying the Process

Let’s face it, dealing with finances, forms, and legal jargon while under the stress of debt can feel impossible. A bankruptcy attorney takes that burden off your shoulders, handling the complex parts so you can focus your energy elsewhere.

The Bottom Line: False Economy

While DIY bankruptcy might save you attorney fees upfront, it often costs much more in the long run. A dismissed case, lost assets, or undischarged debts can leave you worse off than when you started. A bankruptcy attorney helps you avoid problems and sets you up for success.

At Whitten & Whitten, we understand that money is tight when you’re considering bankruptcy. That’s why we offer flexible payment plans and free consultations to make quality legal representation accessible without adding to your financial strain.

Don’t risk your financial future on a DIY approach. Contact Whitten & Whitten today to discuss your options with experienced bankruptcy attorneys who will guide you through the process properly the first time.