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Can I File for Bankruptcy Online?

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In a Nutshell

When you're hit by a sudden financial shock and need a fresh start, you naturally ask — can I file for Chapter 7 bankruptcy online? In this article, we’ll explain the different options for filing for bankruptcy online and the pros and cons of each.

Written by Attorney John CobleLegally reviewed by Attorney Andrea Wimmer
Updated April 12, 2022


You live a lot of your life online. You can do everything from filing your taxes online to diagnosing a medical problem. If you're facing a wage garnishment or repossession, you’re probably wondering if you can file Chapter 7 bankruptcy online. The answer is, “mostly, yes.”

The Chapter 7 and Chapter 13 bankruptcy process involves: 

  1. Completing bankruptcy forms

  2. Filing them with the bankruptcy court, and 

  3. Attending a 341 meeting with the official overseeing your case. 

Things You CAN Do Online When Filing Bankruptcy

Whether you’re filing pro se or you're using a bankruptcy attorney, there are many things that you can do online, including:

  • Taking the credit counseling and debtor education classes. 

  • Getting the official bankruptcy forms and any local forms your bankruptcy court requires.

  • Getting your credit report, bank statements, paycheck stubs, and any other documents about your financial situation.

  • Getting notices about your bankruptcy case via email.

  • Keeping track of your repayment plan if you file Chapter 13 bankruptcy.

Upsolve User Experiences

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Anita Thompson
Anita Thompson
★★★★★ 9 days ago
Upsolve was my answer to filing Chapter 7 bankruptcy. I couldn't afford an attorney and I was able to fill out the forms on my smartphone. It was explained in an easy-to-use format for the everyday lay person. This software is free to use and has YouTube videos as well. I highly recommend using Upsolve if you cannot afford an attorney.
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David
David
★★★★★ 10 days ago
I just had my 341 Meeting on May 5th at 10:30 am. The trustee first asked me to be sworn in by standing and raising my right hand. It was a little weird getting out my car, standing and raising my hand because I had to work that day, but I did so. I had to confirm my name for the record and have I read the bankruptcy information sheet; did I my petitions, and am I the one that signed then. Then the yes or no questions started exactly like the Upsolve 341 Meeting video. Have I filed bankruptcy before; my marital status; length of time since my divorce; do I owe alimony or child support; am I renting; place of employment; do I own a car; how much did I pay for it; have I ever owned real estate; view and verify the information on my tax form; have I listed all creditors. The trustee then said that he needed no further information, and there is nothing more I need to do and this concludes the meeting and I can hang up and finally breathed. The meeting lasted about 15 to 20 minutes! Now I’m waiting for the 60 days to be over, and pray that there truly is nothing more for me to do. Thank you so much Upsolve for being there for me, and for the chest compressions when the stress seemed a little too much at times. Your platform has truly been a blessing. I couldn’t have done this on my own. My prayers to everyone! Remember to breathe. One final thing. The questions that are asked by the trustee are not verbatim. They are similar. Just listen carefully and answer.
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Franky Gonzalez
Franky Gonzalez
★★★★★ 11 days ago
I was kinda scared at first to use with recommendation from local pro bono legal service told me use this service to file. I took me a few months to finally file. finally did it and what a huge relief. the community in general is very helpful.
Read more Google reviews ⇾

Things You Can’t Do Online When Filing Bankruptcy

The information in this article is based on regular U.S. Bankruptcy Court operations. Due to the coronavirus pandemic, most United States Bankruptcy Courts have temporarily changed their operations. You can find detailed information about how courts are handling pro se filings in the era of social distancing here

Filing Your Bankruptcy Forms

Except for those lucky enough to live in the districts that allow electronic self-representation, anyone filing their own bankruptcy case has to submit all their paperwork in person or by mail. 

Electronic Self Representation in Select Courts

In 2014, the Central District of California Bankruptcy Court in Los Angeles became the first bankruptcy court to use electronic Self-Representation (eSR) software. This is a free online tool that allows users to prepare and submit their bankruptcy forms online. It’s intended to help individuals filing bankruptcy without an attorney.

Paying the Court Filing Fees

Even if you can file your bankruptcy case online, you usually still have to pay your bankruptcy fees by mail or in person. If you’re able to pay online, make sure you use a debit card, not a credit card. 

Dealing With Your Trustee

Every bankruptcy trustee determines how they wish to receive the documents from the bankruptcy filers whose cases they oversee. While local bankruptcy bar associations have made some inroads in the past to move this process away from mailing hard copies, many bankruptcy trustees still require just that.

The Meeting of Creditors

The 341 meeting of creditors normally takes place in person. Due to the COVID-19 pandemic, the U.S. Trustee has permitted trustees to conduct these meetings either by phone or via video conference. Trustees verify the filers’ Social Security number either via video or by asking for documentation in preparation for the meeting. 

Attend Court Hearings 

Most court hearings require that you personally appear before the bankruptcy judge. This includes reaffirmation hearings for car loans.  

Hiring a Bankruptcy Lawyer to Submit Your Forms Online

Bankruptcy attorneys are required to use the U.S. Courts’ electronic filing system, so they’re able to submit your bankruptcy forms to the court online. You may be able to use an online questionnaire to provide your lawyer’s customer support team with the information they’ll need to prepare your bankruptcy petition. Depending on the law firm, you may also be able to pay your attorney fees through an online portal. As with the filing fees paid to the bankruptcy court, make sure not to use a credit card. 

Using a Bankruptcy Petition Preparer Doesn't Mean Your Case Will Be Filed Online

Even though you may be able to work with a bankruptcy petition preparer through an online portal, that doesn’t mean you’ll be able to file your bankruptcy case online. A petition preparer is any non-lawyer who prepares a bankruptcy petition for you and charges a fee for doing it. Under the Bankruptcy Code, these bankruptcy petition preparers are heavily regulated. Different courts have different rules limiting the amount a bankruptcy petition preparer can charge. The maximum fees are usually less than $250. 

Bankruptcy petition preparers can't offer legal advice under any condition. The law restricts these petition preparers to being little more than typists. You’re still the one that has to submit the paperwork to the court. 

Let’s Summarize…

There are several online tools you can use in the process of getting a bankruptcy discharge. You can take the bankruptcy counseling courses online. You can gather a lot of the information you’ll need to complete your bankruptcy forms online and use an online tool like Upsolve to generate your bankruptcy forms.

But with few exceptions, the federal courts don’t yet allow pro se bankruptcy filers to submit their bankruptcy forms online. 

Why This Matters: 

Your automatic stay depends on when the bankruptcy court gets your forms. The automatic stay is the bankruptcy law that prevents a creditor from moving forward with a foreclosure, garnishment, or repossession. Until the court has received your bankruptcy petition, there is no automatic stay. If you need to file by a certain date, make sure you have a game plan for how to submit your bankruptcy petition to the court. 



Written By:

Attorney John Coble

LinkedIn

John Coble has practiced as both a CPA and an Attorney. John's legal specialties were tax law and bankruptcy law. Before starting his own firm, John worked for law offices, accounting firms, and one of America's largest banks. John handled almost 1,500 bankruptcy cases in the eig... read more about Attorney John Coble

Attorney Andrea Wimmer

TwitterLinkedIn

Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team as Managing Editor. While in private practice, Andrea handled... read more about Attorney Andrea Wimmer

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    Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

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