Do I Need an Attorney to File Chapter 13?

There is no legal requirement that a debtor file for Chapter 13 through the use of an attorney. However, I would never recommend that someone attempt to file a Chapter 13 bankruptcy without the advice and counsel of an experience bankruptcy attorney. For starters, Chapter 13 bankruptcy cases are very complex. The documents that have to be filed are extensive and there is a long learning curve to knowing how to prepare and file those documents accurately. Further, there are complex mathematical issues that need to be address, specifically with regard to secured creditors such as houses and vehicles. Lastly, there will likely be amendments that the trustee and creditors insist be made. If the amendments are not made properly, the case will not likely be confirmed. If a case cannot be confirmed, it will eventually be dismissed.

I have filed hundreds of cases for individuals who have either attempted to file on their own, or who have filed through an attorney who was not versed in Chapter 13 bankruptcy law. Please seek the advice and counsel of one who practices bankruptcy law on a daily basis who can demonstrate that he or she has the knowledge and experience to deal with Chapter 13.

Remember, the clerk of the court, the trustee and the judges cannot offer legal advice. If you choose to go it alone, you literally will be your own attorney. You will be much better served by having a professional handle your Chapter 13 bankruptcy case.