Do I need an attorney for bankruptcy?


Legally, you are permitted to file a bankruptcy without an attorney (known as pro se). However, the Federal Bankruptcy Courts do not make this an easy process!

There is much more that goes into a bankruptcy than filing a few online forms. Bankruptcy laws are federally based, but there are many specific local rules for each district that only an experienced bankruptcy attorney will understand. If you choose to file a bankruptcy without an attorney, you will be responsible for navigating this complex system on your own. The bankruptcy clerk’s office and your Bankruptcy Trustee cannot offer any legal advice and will not “help you” in filing your own case.

While bankruptcy laws don’t require debtors to have an attorney to file bankruptcy, there are many factors to consider when making this decision. Whether you should hire an attorney depends on:

  • Whether you are filing for a Chapter 7 or Chapter 13 Bankruptcy
  • The amount of income and assets you have
  • How complicated your bankruptcy will be
  • Whether or not you are comfortable representing yourself

The bankruptcy process is very technical and not friendly to non-attorneys. There are many forms, calculations, and other required paperwork that must be provided to the court and the Bankruptcy Trustee. Missing documents, untimely follow ups, and other minor issues could mean the difference between a successful and unsuccessful bankruptcy.

BEWARE of online services offering to “help you” file for bankruptcy. These services prey on desperate people but do no more than help you file the online paperwork. They will not represent you in court, help with case filings, follow up with trustees, etc.

When you need help with your financial situation, make sure you are getting the advice, recommendations and legal support you need and pay for by working with an experienced bankruptcy attorney. Attorney Wendi Henderhan has more than 12 years of experience helping her clients get a fresh start. She has filed more than 1,000 Chapter 7 and Chapter 13 bankruptcy cases and she works daily in the practice of bankruptcy law.

Some law firms rely on office personnel and paralegals to handle your bankruptcy consultation and process. You may not meet with or see your lawyer until court date. At Henderhan Law, you meet with Attorney Henderhan from the start and she is with you to the end of the process, including court appearances. Why is this important? You are paying legal fees to get the best legal advice for your situation. This is your financial welfare. You deserve to meet and work with a professional attorney who specializes in bankruptcy and is current on bankruptcy laws, court procedures, and is working toward your ultimate financial stability.

Call today to meet with Attorney Wendi Henderhan for your free consultation, and get your important questions and concerns addressed by a real attorney.