The Federal Bankruptcy laws allow anyone to represent themselves in a bankruptcy proceeding for Chapter 7 bankruptcy and Chapter 13 bankruptcy. Businesses filing Chapter 11 bankruptcy do need to be represented by a bankruptcy attorney.

Bankruptcy filers representing themselves are called Pro Se and must prepare their own bankruptcy petition or employ a non-attorney bankruptcy petition preparer (NABPP). If you employ an NABPP there are additional papers that need to be filed with your petition and you need to make sure all of the paperwork is correct as the NABPP cannot give you legal advice or tell you if something is wrong as they could be fined or sentenced to jail.

When you hire a bankruptcy attorney they attend the 341 hearing with you to help clarify any questions the bankruptcy trustee may have about your petition. When you file pro se you must be able to answer the questions and explain any problems as well as be prepared to answer to any of your creditors that have filed claims against your bankruptcy filing.

Filing pro se is best for those that have an understanding of the bankruptcy laws, understand how to fill out the bankruptcy petition, and have few or no property that they could lose in a bankruptcy. If you have a lot of income, are filing ch 13 or have a lot of property it’s best to at least speak with an attorney before deciding to file pro se in order to protect your assets.