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Greensboro Bankruptcy Lawyer vs. DIY Filing: Pros and Cons

Filing for bankruptcy without an attorney is legally permitted. The U.S. Bankruptcy Court for the Middle District of North Carolina – which serves Greensboro – will accept your pro se petition. The court will also monitor it closely. Before you decide whether to proceed alone, you should understand exactly what that choice entails and what the costs are if things go wrong.

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What DIY Bankruptcy Actually Requires

Filing bankruptcy without a lawyer means taking on every task that your attorney would have handled. This includes completing more than 50 pages of schedules, means-test calculations and official statements. A missed form or incorrect figure on your income schedule could result in dismissal, or, in more serious cases, a denial of discharge. This means going through the entire process again and your debts surviving it anyway.

In addition to completing the necessary paperwork, you will also be responsible for:

  • Taking a court-approved credit counseling course before filing for bankruptcy and a debtor education course prior to discharge, both of which are required by federal law.
  • Choosing the appropriate chapter. Chapter 7 quickly eliminates most unsecured debts but requires you to pass a means test. Chapter 13 establishes a 3- to 5-year repayment plan and may protect assets that Chapter 7 does not.
  • Correctly claiming the appropriate exemptions under North Carolina law – the rules governing which property you can keep – using N.C. Gen. Stat. § 1C-1601.
  • Attending the meeting of creditors and responding to any requests from the trustee.
  • Handling any motions from creditors that may arise during the bankruptcy process.

The court does not offer legal advice to pro se filers. If you are confused about a procedure, a staff member can point you to the form – they cannot tell you how to fill it out.

The Pros of DIY Filing

There are some circumstances where it may be reasonable to pursue bankruptcy proceedings pro se or on your own. This would only apply to a limited number of situations, such as if your case involves unsecured debts like credit card bills or medical expenses, without any lawsuits or wage garnishments, and there is no real estate at risk. If you meet the income requirements below the North Carolina threshold and have no assets in excess of the state’s limit, then a self-filed Chapter 7 bankruptcy could be an option, saving you attorney fees. The filing fee for a Chapter 7 case in the Middle District Court is $338, while the filing fee for Chapter 13 is $313.

That savings disappears quickly if the case is dismissed and you have to refile. If a creditor objects or if a trustee challenges a transfer made before filing, the Chapter 13 pro se filing fails at a significantly higher rate than attorney-represented cases. Repayment plans involve calculations, creditor negotiations and plan confirmation hearings, which are genuinely difficult to manage without legal training.

What an Attorney Changes

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A Greensboro bankruptcy attorney goes beyond simply filing paperwork. Before filing, they review your financial history to identify preferred payments and pre-filing transfers that a trustee might target. They strategically apply your exemptions to protect as much property as possible. 

They communicate with creditors and represent you in hearings. If there are complications, such as a creditor filing an adversarial proceeding or a trustee challenging an asset, your attorney will respond. You don’t need to understand federal court procedures on the spot.

Which Path Makes Sense for You

DIY Chapter 7 may be appropriate for a very simple case with minimal assets and straightforward debt. If you own a home with significant equity, face foreclosure, have business debts or need Chapter 13 protection, the risk of going it alone is hard to justify. Making a mistake in these situations not only slows down your case but can also cost you completely.

At the Law Office of Stephen E. Robertson, PLLC, we have been guiding Greensboro residents through bankruptcy and complex family law matters for over 25 years. If you are considering debt relief options, contact us today to discuss which chapter may be best for your situation and what protections you may stand to gain.