Can You File for Bankruptcy Protection Online?
June 28, 2024 By: Carrie Weir
Can You Complete Your Filing Without an Attorney?
Is there anything you need to do in the 21st century that you can’t do online? You can buy groceries, get a checkup from your doctor, and even find a spouse. What about filing for bankruptcy? Certainly, attorneys have the ability to file pleadings and other documents digitally. Can the bankruptcy process be completed without ever leaving your home? Unfortunately, no.
The Parts of a Bankruptcy That Can Be Handled Digitally
Many of the requirements to complete a Chapter 7 or Chapter 13 bankruptcy petition can be done online, though you’ll want to work cooperatively with a knowledgeable attorney throughout the process:
- You can complete your attorney’s questionnaire and deliver financial documents digitally.
- You can submit to the means test online, determining your eligibility to permanently discharge your debts.
- You can enroll in and complete any required credit counseling or classes online.
- In some districts, you can use the “Electronic Self-Representation (eSR)” tool to file digitally, but it’s a risky proposition, as you’ll get no help to ensure that your filing is correct. Even those districts that allow a petition to be filed online allow it only for Chapter 7 filings. Furthermore, there are additional documents that must accompany an online petition that can only be delivered to the bankruptcy court in person or by U.S. mail or overnight carrier. Those items include a photocopy of a government-issued ID, as well as a money order or cashier’s check for the filing fee.
The Elements of Bankruptcy That Cannot Be Done Online
There are still many components of the bankruptcy process that an individual cannot do online:
- Many federal bankruptcy courts do not allow persons who are not licensed attorneys to file bankruptcy petitions online.
- Bankruptcy courts generally do not accept payment of bankruptcy fees online from persons who are not licensed attorneys.
- The debtor must physically be present at the 341(a) meeting of creditors.
- Most court hearings require the physical presence of the debtor.
- While trustees can accept information online, as a practical matter, most don’t.
Contact an Experienced Rockwall, Texas, Bankruptcy Attorney
Let us help you take the right steps and make good decisions when filing for personal bankruptcy protection. At the Law Offices of Carrie Weir, all potential clients are entitled to a free initial consultation. To arrange an appointment, contact my office online or call 972-772-3083. I handle Texas personal bankruptcy filings in Kaufman County, Rockwall County, Collin County, Dallas County, Hunt County, and the surrounding counties.