Should I use a petition preparer so I can file bankruptcy without an attorney?
By David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney on Apr 27, 2009 in Bankruptcy Practice and Procedure, Your Bankruptcy Attorney & You
One of the mandatory disclosures Debt Relief Agencies must give to debtors states:
If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney.
This is one of the most misleading statements Congress has ever required. Just because something is possible does not mean that it is a good idea.
I think it is outrageous that this disclosure suggests that “you can get help from a bankruptcy petition preparer who is not an attorney.” Here, Congress is encouraging people to essentially practice law without a license. Bankruptcy petition preparers have been singled out for criticism. Their ineptitude and incompetence is one of the main reasons that they were specifically regulated under the Bankruptcy Code in 2005. The United States Trustee unscrupulous and incompetent petition preparers for special attention under their Civil Enforcement Initiative.
It is theoretically possible to represent yourself. But it is a bad idea almost always. The Bankruptcy Code is full of traps for the unwary. It is full of procedural stumbling blocks. Filng a bankruptcy pro se is like walking through a maze blind-folded. You might get through but you will certainly get lost along the way.
So why take chances? Get a competent, experienced bankruptcy attorney to represent you in your bankruptcy case.
Lakelaw represents people and business in bankruptcy in Illinois and Wisconsin.
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