File Bankruptcy Without a Lawyer in New Hampshire

Can You File Bankruptcy Without a Lawyer in New Hampshire?

Yes. There is no legal requirement to hire an attorney to file bankruptcy in New Hampshire. You have a constitutional right to represent yourself (pro se) in federal bankruptcy court. However, bankruptcy is complex, and judges, trustees, and court staff cannot give you legal advice.

Filing pro se works best for straightforward Chapter 7 cases with few assets, no real property, and no business debt. Chapter 13 is significantly more complex because you must propose a repayment plan that satisfies the Bankruptcy Code's requirements.

Bankruptcy Courts in New Hampshire

Bankruptcy cases in New Hampshire are filed in the following federal districts:

• District of New Hampshire of New Hampshire

Each district maintains its own clerk's office, local rules, and filing procedures. Before filing pro se, download the local rules from your district's website. Local rules govern things like paper size, font requirements, number of copies, and hearing procedures that are unique to each district.

Filing fees: $338 for Chapter 7, $313 for Chapter 13. If you cannot afford the filing fee, you can request to pay in installments (Form 103A) or, for Chapter 7 only, request a fee waiver (Form 103B) if your income is below 150% of the federal poverty line.

Required Forms and Documents

Every bankruptcy filing requires a set of Official Bankruptcy Forms available free at uscourts.gov. The core forms include:

• Voluntary Petition (Form 101): Initiates the case. Includes personal information, chapter choice, and attorney certification (or pro se declaration).
• Schedules A/B through J: Property, secured/unsecured debts, executory contracts, co-debtors, income, and expenses.
• Statement of Financial Affairs (Form 107): Detailed financial history including lawsuits, transfers, payments to creditors, and tax returns.
• Means Test (Form 122A-1/2 for Ch. 7, Form 122C-1/2 for Ch. 13): Determines eligibility (Ch. 7) or disposable income (Ch. 13).
• Credit counseling certificate: Required from an approved provider before filing.

In New Hampshire, the means test uses a median income of approximately $58,104 for a single filer. If your income is below this, you presumptively pass the Chapter 7 means test.

Common Pro Se Mistakes

The most frequent mistakes pro se filers make in New Hampshire and nationwide include:

1. Missing the 341 meeting: Your case will be dismissed if you fail to attend the meeting of creditors. It is mandatory.
2. Incorrect exemptions: New Hampshire allows you to choose federal or state exemptions. Claiming the wrong exemption system can cost you property.
3. Incomplete schedules: Failing to list all assets or debts is grounds for denial of discharge under 11 U.S.C. Section 727(a)(4).
4. Missing deadlines: The bankruptcy code has strict deadlines for filing documents, attending hearings, and completing the debtor education course.
5. Not understanding the automatic stay: The stay protects you, but violations must be enforced through motion practice.

When to Consider Hiring an Attorney

While pro se filing is your right, certain situations strongly favor hiring an attorney:

• You own a home with significant equity (homestead exemption in New Hampshire: $120,000)
• You have a business or business debts
• You are facing a foreclosure, repossession, or garnishment
• Your income is near or above the means test median
• You have been sued or have pending litigation
• You previously filed bankruptcy (timing rules apply under 11 U.S.C. Section 109(g) and 1328(f))

Typical attorney fees in New Hampshire: $1,200 - $2,500 for Chapter 7, $3,000 - $5,000 for Chapter 13. Many attorneys offer free consultations.