Indiana has two federal judicial districts, and each has a bankruptcy court. On each court’s website, you’ll find the court’s local rules and instructions for filing your paperwork. (For the Northern District, click on “Filing Without An Attorney—Pro Se.” For the Southern District, click on “Court Info,” then “Jurisdiction & Where to File.”)
Can I File Bankruptcy Without a Lawyer?
While in many cases it’s appropriate to file bankruptcy without a lawyer, there are exceptions. For example, if your corporation or partnership is facing bankruptcy, you’ll need an attorney. On the other hand, if you fail the Means Test because your income is too great, you may have to file a Chapter 13 bankruptcy rather than a Chapter 7. In that case, you can still file bankruptcy without a lawyer, but it will be more difficult. That’s because Chapter 13 cases are much more complicated than Chapter 7 bankruptcies. In addition to filling out the requisite paperwork, you’ll have to create a repayment plan detailing how you plan to repay your creditors. As with Chapter 7 cases, downloading a bankruptcy forms package will help you stay organized by providing you with all the paperwork you need to file.
If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court. A petition preparer must sign all documents they prepare for you; print their name, address and social security on the documents; and provide you with a copy of all documents. They cannot sign documents on your behalf or receive payment for court fees.
Filing for Bankruptcy Without a Lawyer
Some people incorrectly think filing for bankruptcy is simply filling out forms. Yes, there are forms involved — lots of them, in fact — but the process involves much more than just blindly filling them out. When you hire a lawyer to handle your bankruptcy, you’re paying for “the knowledge and experience that goes into knowing how, why and when to complete those forms.” You’re paying for representation in front of the bankruptcy trustee and, if necessary, the judge. Perhaps most importantly, you’re paying for guidance from an experienced professional who knows what it takes, from the initial filing through case closing, to achieve your goal of getting out of debt.
File Bankruptcy in Indiana Yourself
Before the Indiana bankruptcy court forgives (discharges) your eligible debt, you must disclose all aspects of your financial situation, including assets, liabilities, income, expenses, and financial transactions. You’ll find the downloadable official forms on the U.S. Courts form page. After completing them, you’ll file your paperwork with the Indiana bankruptcy court and pay a filing fee or file a request for a fee waiver. Also, you’ll include proof that you’ve completed a credit counseling course (additional information below).
The purpose of these pro se web pages is to provide the pro se filer, (someone who represents himself or herself without a lawyer), with access to some information about the bankruptcy process and information about local procedures that you must know. Individuals appearing as debtors (including husbands and wives filing jointly), creditors or other interested parties before this court do not have to be represented by an attorney.
United States Bankruptcy Court
Bankruptcy can have serious long-term consequences. A lawyer can explain to you what may happen as a result of filing for bankruptcy and what your options are. If you do file for bankruptcy, a lawyer can help protect you, your family, your home and your possessions.
Indiana Chapter 7 Bankruptcy or Indiana Chapter 13 Bankruptcy?
There are several situations where a Chapter 13 is preferable to a Chapter 7. A Chapter 13 bankruptcy is the only choice if you are behind on your mortgage or business payments and you want to keep your property, either in Indiana or another state, at the end of the bankruptcy process. A chapter 13 bankruptcy allows you to make up their overdue payments over time and to reinstate the original mortgage agreement. In general, if you have valuable property not covered by your Indiana bankruptcy exemptions that you want to keep, a chapter 13 filing may be a better option. Also, people file Chapter 13 bankruptcy because they have too much income to file a Chapter 7 bankruptcy or have the kind of debt that is non- dischargeable in a Chapter 7 (e.g. certain taxes).
Indiana Bankruptcy Process – How to File Bankruptcy in Indiana
The meeting of creditors typically lasts about five minutes. You will receive notice of the location of the meeting but you may contact the court to confirm the address and time. (see Indiana Bankruptcy Court Directory) Most Chapter 7 filings involve no non-exempt assets, however, if you filed for Chapter 7 and do have non-exempt assets, you will have to turn over non-exempt property (or its fair market value in cash) to the trustee after the meeting. The trustee will sell this property and distribute the proceeds to your creditors. If the property isn’t worth a great deal or would be hard to sell, the trustee may decide to abandon the property (and return it to you). Trustees and creditors have 60 days to challenge the debtor’s right to a discharge. If there are no challenges, you will receive a notice from the court that your dischargeable debts have been discharged within three to six months.
Filing Bankruptcy in Ohio Without a Lawyer
Filing for bankruptcy on your own can be challenging. The information provided above is intended to help you find certain types of information only. You’ll be responsible for learning about bankruptcy law and how it will apply in your case. For more comprehensive coverage, consider purchasing a do-it-yourself book like How to File Chapter 7 Bankruptcy by Attorney Cara O’Neill and Albin Renauer J.D.
Indiana Bankruptcy Laws
The residents of Indiana enjoy the ability to claim bankruptcy in both state and federal capacities and usually do not require the services of an attorney to successfully file their case. Indiana is one of the easiest states when it comes to bankruptcy. Since the misuse of the bankruptcy act there has been lots of stringent processes implemented in all states. There are several facts that one should be aware of when one is looking to make a claim on bankruptcy. The first one is that the state guidelines have to be followed since the state has the jurisdiction to dictate the bankruptcy process and the second fact is that bankruptcy is not a right but a privilege.
When you file for bankruptcy, you won’t lose all that you own, but you might not be allowed to exempt (protect) everything. Whether you can keep all your property will depend on whether your assets appear on either the New Jersey exemption list or the federal bankruptcy exemption list. As a resident of New Jersey, you can choose the exemption scheme that benefits you better, but you cannot pick and choose from both lists.
Filing a Bankruptcy Case for an Individual Without an Attorney
Notice Required by § 342(b) for Individuals Filing for Bankruptcy (Form 2010.), in accordance with §342(b) of the Bankruptcy Code, this notice: (1) describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case.
Indiana Bankruptcy Questions & Answers
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In general, the first thing you want to do is to consider all your options before filing for bankruptcy. If you only have a couple debts, sometimes creditors are willing to settle those debts. Also, you want to think about the types of debts that you have and find out if they can be discharged in bankruptcy. Most debts can be discharged in bankruptcy, but some debts are more difficult to get discharged in bankruptcy. Another thing you will want to determine is if you qualify for bankruptcy. Both Chapter 7 and Chapter 13 Bankruptcy have certain eligibility requirements. To qualify for Chapter 7 bankruptcy your income must be low enough to pass the bankruptcy means test. To qualify for Chapter 13, you must be a wage earner and your debts have to be below a certain dollar amount. To find out if you qualify for bankruptcy, call our office to set up a free consultation with Indianapolis Bankruptcy Attorney John Bymaster.
Filing for Bankruptcy in Arizona Without a Lawyer
This overview provides the necessary information needed in a bankruptcy case, but it isn’t an exhaustive list. If you want to file bankruptcy without a lawyer, you should realize that you’re responsible for fully understanding the law. Consider using a good do-it-yourself book like How to File for Chapter 7 Bankruptcy by Cara O’Neill and Albin Renauer to ensure you make well-informed decisions about your bankruptcy case.
Filing Bankruptcy in Missouri Without a Lawyer
Before the Missouri bankruptcy court wipes out (discharges) your qualifying debt, you’ll disclose information about your property, debts, income, expenses, and financial transactions on official bankruptcy forms. You can complete and download the forms on the U.S. Courts form page, then file your paperwork in the Missouri bankruptcy court along with a filing fee or a request for a fee waiver and a certificate showing that you’ve completed a credit counseling course (additional information below).