Filing for bankruptcy may be done without an attorney; however, experts recommend consumers retain the services of an attorney for assistance and guidance through this complex process. Bankruptcy laws are technical and require forms to be completed and signed under penalty of perjury. Failure to complete this mountain of forms truthfully, accurately, and timely may result in dismissal of the case, challenges to the discharge of debts, or adverse effects on future bankruptcy filings.
The Bankruptcy Trustee and Bankruptcy Court expect anyone who files pro se, without an attorney, to know the applicable procedures, practices, deadlines, interpretations, and standards associated with the relevant substantive and procedural laws of bankruptcy.
If you file for bankruptcy without an attorney, then you must know and understand the Local Rules, Utah Rules of Professional Conduct, applicable Federal rules and statutes, and decisions of this court interpreting those rules and standards. According to District of Utah Local Rule 9011-2 (b):
An individual appearing without an attorney will be expected to be familiar with and must comply with (A) these Local Rules; (B) unless otherwise provided, the Utah Rules of Professional Conduct as revised and amended; (C) appropriate federal rules and statutes that govern the action in which such individual is involved; and (D) the decisions of this court interpreting those rules and standards. Failure to comply with this rule may be grounds for dismissal of a case or proceeding, conversion of a case, appointment of a trustee or examiner, judgment by default, or other appropriate sanctions.
You cannot expect personnel and employees at the bankruptcy clerk of court’s office to help you muddle through the process. This is not their job. Federal law (28 U.S.C § 955) prohibits Bankruptcy Court Clerk’s Office staff from the practice of law. They cannot provide legal advice, and they cannot aid anyone in the completion of required forms. Consult, instead, with a qualified attorney to learn more about bankruptcy.
Theron Morrison and the Morrison Law Group do not judge negatively judge any individual who is experiencing financial stress and turmoil. We view every person, Utah resident, and client with compassion and understanding. We want to help those who need help. 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.
