The following information is for individuals who are considering filing for bankruptcy without an attorney, also referred to as pro se debtors. Due to the complexity of filings and the long-term financial and legal consequences of filing bankruptcy, individuals are encouraged to consult with a competent attorney. Only attorneys (not petition preparers, the Clerkâs Office, judges, or chambers staff) can give legal advice.
Whether or not a debt is discharged in bankruptcy depends on many factors. A Judge must decide. The proper way to ask for a ruling from the Judge is by filing an Adversary Proceeding. The adversary proceeding complaint must follow a specific format. One of the most common types of adversary proceedings is a complaint to determine whether a particular debt will be discharged. The Bankruptcy Code section for such complaints is 11 U.S.C. §523. Such complaints are highly technical and require the plaintiff to allege specific information that meets one of the grounds for declaring that a debt is dischargeable or not dischargeable. For example, if a creditor wants the Court to declare that the debtor does not get to discharge its debt because of the debtor’s fraud, that fraud must be stated in the complaint. If a debtor wants to discharge a student loan, then the debtor must plead sufficient facts to show that the debtor will suffer “undue hardship” if required to repay the loan. A debtor without an attorney should conduct some research to learn what “undue hardship” means as to student loan debt.
Glossary
Most debtors who file a bankruptcy petition, and many of their creditors, know very little about the bankruptcy process. Bankruptcy Basics is designed to provide debtors, creditors, judiciary employees, and the general public with a basic explanation of bankruptcy and how it works. This glossary on bankruptcy terminology explains, in simple terms, many of the legal terms that are used in cases filed under the Bankruptcy Code.
What constitutes legal advice?
Please feel free to contact any of the following resources to assist you
in filing Bankruptcy without an attorney:
|
Bankruptcy Legal Help Line 317-269-1910 2nd and 4th Wednesdays Noon to 1:00 p.m. EDT |
Evansville Bar Association 812-426-1712 |
Heartland Pro Bono Council 151 N. Delaware St., #1800 Indianapolis, IN 46204 317-614-5304 |
Indiana Legal Services Talk to a Lawyer
First Thursday of each month |
Indiana State Bar Association |
Legal Services Organization of IN, Inc. |
Louisville Bar Association |
MAI Legal Services |
Marion County Bar Association Pro Bono |
| Terre Haute Bar Association 812-234-8800 |
District 7 Pro Bono Office 506 Ohio Street, Suite 2 Terre Haute, IN 47807 (812) 478-2666 Hours: Mon, Tue & Thurs 8:00-12:00 Wednesday - 8:00-4:00 Closed Friday |