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DISCLAIMER: The following information should not
be relied upon as legal authority nor should it be used as a
substitute for reference to the U.S. Bankruptcy Code. Finally,
this information should supplement, not substitute, for the
advice of competent legal counsel. Please be advised that the
Clerk’s Office staff is prohibited from giving legal advice. For
additional information, please refer to the
United States Bankruptcy Code (title 11, United States Code),
the
Federal Rules of Bankruptcy Procedure (Bankruptcy
Rules), and the
Local Rules
for the United States Bankruptcy Court for the Western District
of Kentucky. |
What is a Pro Se Debtor?
A Pro Se debtor is a person who files bankruptcy without an
attorney. A Pro Se debtor is responsible for all proceedings of
his/her case. Failure to comply with the Bankruptcy Code and Rules
or with court orders may result in the dismissal of the debtor's
case. It is recommended that all debtors seek legal advice before
filing bankruptcy.
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Do I need an attorney to file bankruptcy?
While it is possible to file a bankruptcy case "Pro Se", that is,
without representation by an attorney, it is extremely difficult to
do so successfully. The Court is not able to give legal advice or
help fill out forms. Hiring a competent attorney is highly
recommended.
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What services can a bankruptcy petition preparer
provide?
Bankruptcy Petition Preparers are permitted to provide services
limited to the typing of forms. They may not advise you in any way.
Their services are subject to various statutory requirements and
limitations.
Please note that although Bankruptcy Petition Preparers are required
to sign all documents prepared for filing, they are not authorized
to sign any document on your behalf. Therefore, you and your spouse,
if filing a joint petition, must also sign all documents. Copies of
all prepared documents should be furnished to you by the Bankruptcy
Petition Preparer at the time they are presented to you for
signature. Likewise, Bankruptcy Petition Preparers are prohibited by
law from collecting or receiving any court fees connected with the
filing of your case. Consequently, all court fees connected with the
filing of your case, including the filing fee and miscellaneous
administrative fee, should be paid directly to the court by you. The
failure of any Bankruptcy Petition Preparer to comply with the law
should immediately be brought to the attention of the trustee
appointed to your case and the local Office of the United States
Trustee.
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Where can I obtain petition forms?
Petition forms can be found at most local office supply stores,
through the court’s website and at
www.uscourts.gov.
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Can the Clerk’s Office help me fill out my forms?
No, members of the Clerk’s office are prohibited from assisting with
the completion of any forms.
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Can I file my documents electronically?
At this time, debtors cannot file documents electronically with the
Court.
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Will filing a bankruptcy stop creditors from
calling?
As a pro se debtor, creditors may still contact you for information.
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What if I need to notify a creditor before the
Court sends out notice of my bankruptcy?
If you provide an additional copy of the petition when the
bankruptcy petition is filed, the Court will file-stamp and return
your copy. However, the Court can also provide you with a
file-stamped copy of the first page of the petition or the Notice of
Bankruptcy Case Filing for a small fee at any time.
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How long should I keep copies of my bankruptcy?
As your bankruptcy petition is a legal document, it is advisable to
keep your bankruptcy records forever.
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