DIY bankruptcy or "do it yourself" bankruptcy (aka file own bankruptcy) involves you
doing your own bankruptcy paperwork and filing.
Bankruptcy is a state (involving legal procedures) in which a person can no longer pay off the debts that
he/she owes the creditors. Given that bankruptcy filing procedures differ from state to state, the first thing
you need to know are the exact laws in your state. You will also need to know the types of bankruptcy laws that
are there and which one can apply to you case. The two types are the Chapter 7 law (straight or liquidation
law-mostly for credit card debts) and the Chapter 13 law (loan repayment plan for secured types of debts,
taxes, mortgages, rent etc).
Getting the Ball Rolling - Paperwork, paperwork, and more paperwork
The first step in DIY bankruptcy preparation involves preparing the documents to file the bankruptcy
petition. These documents are lengthy and must be filled out with the Bankruptcy division in your area, where
you will be asked to pay a filing fee (around $200) which will sometimes be waived if you file a waiver and it
is approved.
Once this is done the court might assign you a trustee, whose role is to oversee the liquidation of assets,
review documents, and protect the rights of the creditors. But since you would like to do it yourself, then you
might consider seeking the services of a paralegal to help you prepare the documents.
Even one error can be very costly and result in having to redo the paperwork. Since you are doing it
yourself your property will be exempted from liquidation. Simply put you may be allowed to keep your home, a
car, personal clothing and some items of household furniture.
There are schedules within the bankruptcy documents where these items may be listed along with an
approximate value. Make sure that you list them when you do a do it yourself bankruptcy filing.
Make sure that your DIY bankruptcy filing offers protection for your vital assets. After the paperwork has
been accepted by the court your creditors will be notified. Once all your creditors are aware of your
bankruptcy filing a meeting will be held and the creditors who wish to question you may do so. You need to be
prepared to answer all the questions you will be asked as part of a bankruptcy. Filing for bankruptcy is not
easy especially when you do it yourself, but if you choose to make sure you get as much help as you can.
One last bit of advice: of course your creditors are not happy with you, and you may not be in the best
frame of mind at the time. Have a long talk with a bankruptcy expert and know what kinds of questions to expect
and what the most appropriate answers would be.