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Office Location:

Suffolk Office:
222 Middle Country Road, Suite 206
Smithtown, NY 11787
Phone: (631) 265-0102

Nassau Office:
1225 Franklin Avenue, Suite 325
Garden City, NY 11530
Phone: (516) 559-7219

Manhattan Office:
5th Ave, Suite 1007
New York, NY 10017
Phone: (917) 464-3815

Pro Se Bankruptcy Filings:

The TOP TEN reasons why one should NOT file pro se (acting as your own attorney).

The new bankruptcy law is five hundred (500) pages long, extremely complex and adds a tremendous level of complexity to the filing of personal bankruptcy petitions.

There are certain pre-filing requirements that must be satisfied or else the bankruptcy petition will be dismissed. For example, the Bankruptcy Trustee must be provided with the debtor's prior year tax return as well as pay stubs for the 60 day period prior to the filing.

A debtor (or the debtor's attorney) must now calculate the debtor's median income. This calculation is complicated and consists of averaging the debtor's gross income for the 6 months prior to filing, less Social Security payments.

Many debtors will need to prepare a "means test". This is a very complicated 6-page calculation, similar to preparing a complicated tax return.

If a bankruptcy petition is dismissed and re-filed, the automatic stay will remain in effect for only 30 days following dismissal. The debtor needs to make a motion to continue the automatic stay and this motion must be both filed and heard by a Judge within that 30 day period.

If a bankruptcy petition is dismissed twice then the automatic stay will not be applicable following the second dismissal.

  • Do not drain your retirement accounts to pay credit card bills.
  • Do not drain your savings to pay a relative’s bills.
  • Do not have more than $500 in your bank account on the day of filing for bankruptcy.
  • Do not file when you are owed a substantial tax refund from the IRS or State, because the Court will take it to pay your creditors.
  • Do not file when someone owes you money, because the Court will collect that money and pay it to your creditors.
  • Do not pay a relative or friend significant amounts of money (more than about $400) within the year prior to filing bankruptcy. If you do, the Court will contact the relative and require them to pay it back to the Court to pay your creditors.
  • Do not transfer any assets out of your name prior to filing bankruptcy.
  • Do not pay any unsecured creditor more than $600 in the 90 days before filing bankruptcy.
  • Do not incur debt once you have seriously considered bankruptcy as an option.
  • Do not charge on any credit card for 90 days before filing bankruptcy.
  • Do not file if you are anticipating an inheritance within the next year.
  • Do not file if you are intending to sell your real estate soon.

Ronald S. Cook is a Bankruptcy Attorney that proudly serves New York City, Manhattan, Nassau County and Suffolk County on Long Island, New York, NY. We offer reasonable rates and payment plans. Call us today at 631-265-0102 or Email Us for your Free Bankruptcy Review.