Eligibility
Who can file pro se?
Any individual under 28 U.S.C. § 1654. Married couples can file jointly pro se. Corporations and LLCs cannot file pro se -- they require an attorney.
Do I qualify for Chapter 7 or Chapter 13?
Chapter 7 requires passing the means test. Chapter 13 requires regular income and debts below certain limits (~$2.75M combined).
Can I file if I filed before?
Time limits apply. Under 11 U.S.C. § 727(a)(8), no Chapter 7 discharge if you received one in the previous 8 years. Under § 1328(f), Chapter 13 bars apply at 2-4 years. Check at 1328f.com.
Process and timeline
How long does the process take?
Chapter 7: 3-4 months from filing to discharge. Chapter 13: 3-5 years (plan length).
Can I file electronically?
Most courts now allow pro se e-filing, though some still require paper. Check your court's website.
What happens after I file?
The automatic stay takes effect immediately (11 U.S.C. § 362). Creditors must stop all collection. The court assigns a trustee and schedules your 341 meeting.
Risks and concerns
What if I make a mistake?
File amended schedules for $32. Correct errors before the 341 meeting if possible. See common mistakes.
Can the court deny my discharge?
Yes, under 11 U.S.C. § 727(a). Grounds include concealing assets, destroying records, making false statements. Honest mistakes are correctable -- fraud is not.
What debts survive bankruptcy?
Non-dischargeable debts under 11 U.S.C. § 523(a): most student loans, recent taxes, child support, alimony, fraud debts, DUI judgments, certain fines.
Getting help
Free legal resources
- Legal aid organizations -- free for income-qualifying filers
- Law school clinics -- supervised legal assistance
- Court pro se programs -- self-help desks and liaisons
- Volunteer lawyer programs -- bar association referrals
- ProSeBankruptcy.org and ProSeDebtors.org
Can I hire a lawyer for just part of the case?
Yes. "Limited scope" or "unbundled" services let attorneys review forms, draft plans, or coach you for the 341 meeting -- without full representation. Costs less than full representation.