Do I need an attorney to file Chapter 7 bankruptcy for my LLC?

UPDATED: Oct 1, 2022

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Do I need an attorney to file Chapter 7 bankruptcy for my LLC?

I have a para-legal that I used to help me file my papers for my personal bankruptcy. Now my LLC is bankrupt, can I use my para-legal friend to fill out the papers for a business bankruptcy or do I have to hire an attorney?

Asked on January 10, 2018 under Bankruptcy Law, Utah


Eric Olsen / HELPS Nonprofit Law Firm

Answered 4 years ago | Contributor

The only reason to file a bk for a llc which is a corporation is if it has assets and even then the assets can be disposed of first.  Just shut down the corporation there is no need to file a bk.   Any competent bk attorney will tell you bk for the corporation is unncessary.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have to hire an attorney. The law only lets a nonattorney represent him- or herself in court (and because you file for bankruptcy in bankruptcy court, it is a court proceeding); no nonattorney may represent any other person. An LLC is a separate legal "person" or entity from you, even if you are the sole owner: that is why and how LLCs protect you from liability, because they are separate from you. In your personal bankruptcy, the paralegal helped you the with papers, but you filed them for yourself, as is your right; here, you need a lawyer to file.

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 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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