How to File Chapter 13 Without an Attorney in Sacramento, CA

Liviakis Law Firm frequently encounters questions regarding self-representation in Chapter 13 bankruptcy filings. While it is technically feasible, navigating this complex process without legal representation often results in major hurdles. Here we address the process of filing Chapter 13 bankruptcy without an attorney in Sacramento, CA, and whether it’s a judicious choice.

Understanding Chapter 13 Bankruptcy

Chapter 13 bankruptcy, also referred to as a ‘wage earner’s plan,’ enables individuals with regular income to develop a plan to repay all or part of their debts. Compared to Chapter 7, which includes the liquidation of assets to cover debts, Chapter 13 provides the debtor an opportunity to save their home from foreclosure, amongst other benefits. However, it also involves creating a repayment plan that requires legal knowledge and negotiation skills.

Filing Process Without an Attorney

Filing a Chapter 13 bankruptcy without an attorney, also referred to as filing “pro se,” is indeed possible. However, the decision to proceed without legal representation involves careful consideration. This guide will walk you through the process of filing Chapter 13 in Sacramento, CA, and provide information to help you decide if it’s a viable decision.

The following are steps a debtor may follow to file a Chapter 13 bankruptcy without legal assistance:

Steps to File Chapter 13 Without an Attorney

1. Educate Yourself: Familiarize yourself with both the federal and California bankruptcy laws. You need to understand how Chapter 13 works, its eligibility requirements, and the implications it can have on your financial stability.

2. Complete a Pre-Filing Credit Counseling Course: This is a requirement for any individual intending to file bankruptcy. The course must be done through an approved agency, and it usually takes around two hours.

3. Prepare Your Bankruptcy Petition: You will need to gather detailed information about your assets, debts, income, and expenses. This information is necessary to fill out the bankruptcy forms that compose your petition.

4. File the Petition: Submit your filled forms at the bankruptcy court. In Sacramento, the bankruptcy court is located at the Robert T. Matsui U.S. Courthouse on I Street.

5. Attend the Meeting of Creditors: Roughly three to six weeks after filing, a meeting with your trustee and any interested creditors will occur. Here, they will question you about your bankruptcy documents and situation.

The Risks of Filing Without an Attorney

While it’s true that filing pro se saves you attorney’s fees, it does come with potential downsides. Firstly, most pro se filers have their cases dismissed because they fail to comply with procedural guidelines. Also, the likelihood of a successful debt discharge is significantly lower for individuals who file without an attorney.

Bankruptcy laws are complex, and a single mistake can cost you valuable assets or even cause your case to be thrown out. It’s easy to miss essential details, such as forgetting to list a creditor or misunderstanding the eligibility requirements. An attorney’s knowledge and experience go a long way in helping you navigate these complexities and pitfalls.

In Conclusion

You are certainly entitled to file a Chapter 13 bankruptcy case without an attorney in Sacramento, CA. However, due to the complicated nature of bankruptcy law and the potential risks involved, it may not be the wisest decision, especially if your bankruptcy case is not a simple one. For those who can afford it, hiring a trusted law firm like Liviakis Law Firm is a more secure approach. If you have any troubles regarding bankruptcy cases, do not hesitate to contact us at (916) 459-2364 for a free consultation to discuss payment plans.