Any individual may file a bankruptcy case pro se, without the assistance of an attorney. However, it requires careful preparation and an understanding of certain legal concepts. Any failures or mistakes during the process of preparing a bankruptcy petition, the means test, and the required schedules and statements may affect a filer’s rights. Court employees, including those who work in the Clerk of Court’s Office, and bankruptcy judges are prohibited by federal law from offering and providing legal advice.
Those residents of Utah who file a bankruptcy case pro se are expected by judges, attorneys, and court personnel to follow the local rules and procedures of the Utah federal bankruptcy courts. They must be familiar with the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. Court employees and bankruptcy judges are prohibited by law from offering legal advice.
A seasoned and knowledgeable bankruptcy attorney may provide valuable assistance to anyone filing a bankruptcy case. The following is a list of ways an experienced bankruptcy attorney may help:
- A bankruptcy attorney may provide advice on whether to file a bankruptcy petition.
- A bankruptcy attorney may provide advice on the chapter under which a debtor should file.
- A bankruptcy attorney may provide advice on whether debts may be discharged.
- A bankruptcy attorney may provide advice on whether certain property such as a home, car, or other property may be retained after filing bankruptcy.
- A bankruptcy attorney may provide advice on the tax consequences of filing.
- A bankruptcy attorney may provide advice on whether a prospective filer should continue to pay creditors.
- A bankruptcy attorney may explain bankruptcy law and procedures.
- A bankruptcy attorney may help complete and file forms.
Theron Morrison cares about protecting your rights. Talk to the Morrison Law Group about your Chapter 7 or Chapter 13 bankruptcy options. Call 801.456.9933 today to schedule a FREE consultation. We have locations in Ogden, Logan, Sandy, and St. George to serve the residents of the counties of Weber, Cache, Salt Lake, Utah, Morgan, Davis, Washington, and surrounding areas.