Can You File Chapter 13 Pro Se? Technically Yes, But...
You have the legal right to file Chapter 13 without an attorney. However, Chapter 13 is significantly more complex than Chapter 7, and pro se Chapter 13 cases have a very high failure rate.
Here is why Chapter 13 pro se is harder:
- You must propose a viable repayment plan that satisfies the Bankruptcy Code's requirements (Sections 1322 and 1325)
- The plan must pass the means test, best interests test, and feasibility test
- You must attend a confirmation hearing and potentially argue against trustee or creditor objections
- The plan lasts 3-5 years -- you must comply with plan requirements the entire time
- Plan modification may be needed if your circumstances change
Statistics: Pro se Chapter 13 cases are dismissed at a significantly higher rate than attorney-represented cases. Many bankruptcy judges strongly recommend hiring an attorney for Chapter 13, and some districts have local rules that make pro se Chapter 13 practically very difficult.
Bankruptcy Tools Network:
Discharge Screener · Research Platform · Exemptions by State · Keep Your Car · Keep Your House · Bankruptcy Cost · Rebuild Credit · Buy a House After · Buy a Car After · Automatic Stay
Discharge Screener · Research Platform · Exemptions by State · Keep Your Car · Keep Your House · Bankruptcy Cost · Rebuild Credit · Buy a House After · Buy a Car After · Automatic Stay