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Does a bankruptcy petition need to be filed in person?

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    Does a bankruptcy petition need to be filed in person?

    I currently live overseas (non-military) and need to file Chapter 7 pro se in TX. Do the initial documents have to be filed in person, or could I have an acquaintance file it for me? It appears that only attorneys can file online, is that correct?

    Dumb question, I know, but I cant seem to find the answer.

    #2
    Why not hire an attorney?

    And don't say cost, that is just an knee jerk reaction, the reality is, EVERYONE can afford and attorney, you are simply choosing not to out of pride, stupidity, or some combination?

    But to answer your question, you cannot file pro se online, but you can mail the petition. The best course of action is contact the bankruptcy court clerk in your district and find out the alternative procedures.

    Comment


      #3
      You could also have somebody take the petition to the court for you. You will have to appear in person at your 341 meeting. There's not getting out of that.

      I agree with HHM. Get an attorney. Filing pro-se is challenging enough. Doing it from overseas is going to make it even more difficult.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        As someone who has filed Chapter 13 and received a Chapter 7 discharge pro se, I would caution against doing this remotely. There is no exception to appearing at a 341 Meeting (or delaying it), unless you're in the military. It is always a better idea to file in person since local rules and forms seems to get just about EVERY pro se filer. It would make it extremely difficult for you to deal with any deficiency noticed (that are mailed). Additionally, the court would probably not even mail things to an overseas address given the costs of postage.

        That's not even considering that you must be present for your 341 Meeting. You may want to do as suggested by HHM and start talking to some attorneys practicing in the State (District) in which you own property. As already stated, only attorneys can file electronically, through the CM/ECF system.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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