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?

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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

Answers:

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

Answered 9 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.


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