Can I file my own Bankruptcy in Florida?

In these tough economic times, people want to save money. And considering your situation you might be broker than most! No pun intended. But if you could save a buck why not?

That was the same thought I had when I first considered filing for bankruptcy. At the time I was living in Miami and after I consulted couple of attorneys (their fees were ranging from $1500 to $2000), and since I did not have any money I bought a bankruptcy kit for $19.95 and thought to myself: I will file my own bankruptcy .

I got a bit discourage with all the forms that I had to fill, but I built up some courage and went to the court clerk to inquire about how to file bankruptcy by myself.

Getting a little sidetracked here, but, have you ever notice that they hire the worst people to work on federal jobs? I mean, it seems that one of the requisite to be able to work at a DMV, or SSA Administration, or a Court is to be rude. You will encounter the rudest SOB in these places, no kidding.

Anyhow, When I asked the Bankruptcy court clerk what I needed and how much would be to file for my own bankruptcy, she said that I could not file myself and that I needed a lawyer. I told her that was my legal right to file a bankruptcy in the state of Florida without a lawyer if I wanted, but she kept saying that I needed a lawyer and she turned her back on me.

I was pretty frustrated, I returned home determined to fill all the forms and then later go back to the court and speak to her supervisor. But after a while looking at all those forms I got discouraged and in the end I ended up using an bankruptcy attorney.

Few points to take home.

Is your right to file your bankruptcy by yourself if you want to, but I would discourage you in doing so, for the following reasons:

First, even if you can’t afford an attorney there is ways for you to qualify for free legal advice. I read somewhere that some law schools offer free legal services, so is worth checking it out.

Second, a lot lawyers offer payment plans. It might be hard to find one, but in my case I found a bankruptcy lawyer in Orlando that I was able to work payment plans with him. So when searching for a bankruptcy lawyer ask them if the offer a payment plan.

Third, the forms are a bit complicated.  After the change in bankruptcy laws in 2005, the forms got simpler, but for an average Joe like me and you it might get a big complicated. Even if you pass the arduous task of filling the right forms, you might forget to include a creditor or leave property off the paperwork, or you might think that a debt is not dischargeable and then finding out in front of a judge that it is. All of these little things that might drive you crazy.

And last but not least. You will certainly be attended by a rude bankruptcy clerk (specially in the great state of Florida, they are dime a dozen) that will tell you that you have no business in the court without a lawyer. Then you will feel like strangling her which will land you in another type of court and you do not want that.

Save the aggravation, even if you have to part with that money that you have been saving to go a cruise. In the end you will be thankful that you hired a bankruptcy lawyer.