How to File for Bankruptcy in Pennsylvania Without an Attorney

How to File for Bankruptcy in Pennsylvania Without an Attorney

Filing for bankruptcy can be a complex process, especially if you’re doing it without legal representation. However, if you are considering filing for bankruptcy in Pennsylvania on your own, it’s essential to understand the steps involved, the types of bankruptcy available, and the resources that can assist you along the way.

Understanding Bankruptcy Types

In Pennsylvania, there are two primary types of bankruptcy individuals typically file for: Chapter 7 and Chapter 13.

Chapter 7 Bankruptcy: This type involves liquidating your non-exempt assets to pay off creditors. It's a quick process that usually takes three to six months from filing to discharge.

Chapter 13 Bankruptcy: This type enables individuals to keep their property and restructure their debt through a repayment plan that spans three to five years. It is suitable for those with a steady income who can afford to make payments on their debts.

Steps to File for Bankruptcy Without an Attorney

1. Gather Financial Documents

Before filing, collect essential financial documents, such as:

  • Income statements (pay stubs, tax returns)
  • Debt statements (credit card bills, auto loans, mortgages)
  • Property records (titles and deeds to real estate)

2. Credit Counseling

Before you file for bankruptcy, Pennsylvania law requires you to undergo credit counseling within 180 days before your filing date. You can find an approved credit counseling agency through the U.S. Trustee Program’s website. The session typically lasts about 60 to 90 minutes and can often be completed online or over the phone.

3. Complete Bankruptcy Forms

You will need to complete a set of forms, including:

  • Voluntary Petition for Individuals Filing for Bankruptcy (Form B101)
  • Schedules of Assets and Liabilities (Form B106)
  • Statement of Financial Affairs (Form B107)

All forms can be obtained from the U.S. Courts website or the Pennsylvania Middle District Bankruptcy Court's website. Be thorough in filling these out, as errors can lead to delays or dismissal of your case.

4. File Your Bankruptcy Petition

After completing your forms, you will need to file them with the local bankruptcy court. In Pennsylvania, this is usually the U.S. Bankruptcy Court for the Middle or Eastern District. Be prepared to pay a filing fee. If you cannot afford the fee, you can submit a fee waiver application or a request to pay in installments.

5. Notify Creditors

Once you file your petition, the court will send a notice to all your creditors notifying them of your bankruptcy filing. This halts most collection actions against you, thanks to the automatic stay that goes into effect immediately.

6. Attend the Meeting of Creditors

About a month after filing, you will need to attend a meeting of creditors (also known as a 341 meeting). During this meeting, the bankruptcy trustee and your creditors will have the opportunity to ask you questions about your financial situation and the information provided in your bankruptcy forms. It’s essential to be honest and straightforward in your responses.

7. Complete a Debtor Education Course

After your bankruptcy filing and before receiving a discharge, you must complete a debtor education course. This course covers budgeting, money management skills, and how to avoid future financial pitfalls. Like credit counseling, this course must be completed with an approved agency.

8. Wait for Discharge

After successfully completing the process, the court will issue a discharge order, eliminating most of your debts. This may take several months, depending on your bankruptcy type and specific circumstances.

Resources for Assistance

Filing for bankruptcy without an attorney can be daunting, but several resources can aid you:

  • The U.S. Courts website provides comprehensive information on bankruptcy procedures.
  • The Pennsylvania Bar Association can connect you with free or low-cost legal resources.
  • Local legal aid organizations offer assistance for individuals unable to afford an attorney.

Conclusion

While filing for bankruptcy in Pennsylvania without an attorney is possible, it requires careful preparation and attention to detail. Understanding the process and utilizing available resources can help you navigate your bankruptcy journey more effectively.