If I had 2 failed attempts at a Chapter 13 with the same attorney less than 5 months apart, can I file on my own?

UPDATED: Sep 18, 2014

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If I had 2 failed attempts at a Chapter 13 with the same attorney less than 5 months apart, can I file on my own?

I need to file but need an attorney who will help me sort out the mess I have. I cannot afford to pay another attorney; I have nothing left. I’ve sold even my wedding ring, I’m a 56 year old widow and have filed for SSDI Who do I turn to?

Asked on September 18, 2014 under Bankruptcy Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You don't indicate why the 2 previous filings failed. However, all debtors have the right to file bankruptcy on their own behalf. Based on what you have written, since you have virtually no assets, you may want to consider filing a Chapter 7. For more information on all of this, here is a link to a governement site that you may find to be of help:  http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx

You can also contact legal aid or a law school clinic (if there is a law school in your area) to see if you can receive free or low cost legal assistance in this matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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