How To File Bankruptcy for Free in North Carolina Without a Lawyer

Collect Your North Carolina Bankruptcy Documents

To file for bankruptcy, you’ll need to gather some key financial documents. These are required:

• Tax returns from the past two years

• Paycheck stubs from the past 60 days

• A bank statement that includes your bankruptcy filing date

📁 It can also help to collect a few other documents while you’re getting organized. These aren’t required, but they make it easier to fill out your forms:

• Bank statements showing your spending over the last 6–12 months

• A recent credit report

• Bills or statements from creditors (especially for debts that may not show up on your credit report)

• Letters from collection agencies or debt collectors

You can get a free copy of your credit report from each of the three major credit bureaus once a week at AnnualCreditReport.com.

Take a Credit Counseling Course

The federal Bankruptcy Code requires anyone filing for bankruptcy to complete an approved credit counseling class within six months before they file. This six-month window is required so you can learn about your options before you decide to file for bankruptcy. You must submit your course completion certificate to the bankruptcy court. 

💰 There is a fee to take the course, but you may be able to get a fee waiver if you can show you can’t afford to pay it. 

In North Carolina, bankruptcy administrators approve pre-bankruptcy credit counseling organizations. Approved providers vary by district.

North Carolina has three bankruptcy districts: 

• Approved providers list for the Western District of North Carolina 

• Approved providers list for the Middle District of North Carolina 

Approved providers list for the Eastern District of North Carolina

Complete the Bankruptcy Forms

If you’re filing Chapter 7 bankruptcy without a lawyer, you’ll need to fill out a set of forms to start your case. These forms are the same across the country, and they come with instructions to help you understand what to do. You can download them for free as fillable PDFs from USCourts.gov.

Take your time with the forms, and ensure that everything is completely filled out. It’s normal to feel overwhelmed at first. Many people find it helpful to go one page at a time.

If you decide to work with a bankruptcy lawyer instead, they or their staff will usually complete the forms for you using the information you provide.

Get Your Filing Fee

The Chapter 7 bankruptcy filing fee is $338. You’ll need to bring this fee with you when you go to the courthouse to file your forms. Most courts ask for payment by cashier’s check or money order made out to “Clerk, U.S. Bankruptcy Court.” They usually don’t accept cash or personal checks.

If you can’t afford the full fee, you may be eligible for a:

• Fee waiver: If your income is below 150% of the federal poverty guidelines, you may be able to get the fee waived entirely. (See the Fee Waiver Eligibility Table below for North Carolina.)

• Payment plan: You can ask the court to let you pay in smaller monthly payments called installments. You’ll usually need to pay a portion when you file, then continue making payments over the next few months.

Once you file your bankruptcy case, a protection called the automatic stay goes into effect right away. 

🛑 The automatic stay temporarily stops most creditors from taking any action to collect debts while your bankruptcy case is active. This includes wage garnishment, foreclosure proceedings, and car repossession.

 The automatic stay gives you some breathing room and a chance to move forward without worrying about debt collectors.

Print Your Bankruptcy Forms

If you’re filing for bankruptcy in North Carolina without a lawyer, you’ll need to print, sign, and submit your bankruptcy forms to the court yourself. 

💡Use regular white letter-size paper (8.5" x 11"), and print everything single-sided in black ink. 

Be sure to sign everywhere a signature is required. There are several spots, and they’re easy to miss! 

Also, double-check that you’re submitting all the required forms since many of them look similar. If you’re able, make a copy of everything you’re turning in. It’s helpful to have a full set for your records.

File Your Forms With the North Carolina Bankruptcy Court

North Carolina is divided into three bankruptcy districts: the Western, Middle, and Eastern Districts. 

You’ll file your bankruptcy petition in the district where you live. If you’re not sure which district you’re in, the Middle District of North Carolina’s website has a helpful list of counties for all three districts.

If you’re filing without a lawyer, you’ll usually need to file your paperwork in person or by mail, unless you live in the Eastern District, which allows pro se filers to file online.

If you aren’t able to file online, it’s best to hand-deliver your forms to the courthouse. When you file in person, the court clerk can let you know if anything’s missing or unsigned. That quick check can give you peace of mind before you leave.

Mail Documents to Your Trustee

After you file your bankruptcy case, the court will assign you a case number and appoint a bankruptcy trustee. 

💡A bankruptcy trustee is a neutral third-party who will review your paperwork and oversee your case. You’ll get a notice from the court with your trustee’s name, and the trustee may contact you directly as well.

The court will also schedule your creditors’ meeting. This is a short meeting where the trustee will ask you questions about your financial situation and your bankruptcy forms. At least seven days before that meeting, you’ll need to send your trustee two things:

• A copy of your two most recent federal income tax returns

• A bank statement that covers the day you filed your case

The trustee uses these documents to make sure the information in your forms is complete and accurate. If anything’s missing or unclear, they may ask for more documents.

It’s important to respond to the trustee’s questions and requests. Doing so will help move your case along and avoid delays.

Take a Debtor Education Course

To get your debts officially wiped out, the court has to enter a discharge order. But before that can happen, you’ll need to complete one final step: the debtor education course.

💡 This course teaches basic money management skills to help you move forward after bankruptcy. It’s different from the credit counseling course you take before filing.

You must complete the course within 60 days of your creditors’ meeting, and you’ll also need to file a certificate of completion with the court. You can take the course before or after the meeting, whatever works best for you.

If you don’t finish the course or submit the certificate, the court won’t be able to discharge your debts, and your case could be dismissed. So while it’s a simple step, it’s an important one.

In North Carolina, Bankruptcy Administrators approve debtor education courses. Each district has a list of approved debtor education providers:

• Approved providers list for the Western District of North Carolina 

• Approved providers list for the Middle District of North Carolina 

Approved providers list for the Eastern District of North Carolina

Attend Your 341 Meeting

After you file for bankruptcy, you’ll attend a brief meeting called the 341 meeting, also known as the meeting of creditors. This might sound intimidating, but it’s usually quick and low-stress. Most people are surprised by how straightforward it is.

You won’t need to argue your case or speak to a judge. You’ll just answer a few questions from the trustee assigned to your case.

Here’s what to expect:

Where and When Does the 341 Meeting Happen?

The meeting usually takes place about a month after you file. Depending on your court district, it may happen in a courthouse office, over the phone, or by video. Most of these meetings are held via video conference, but check your court paperwork to verify the location. 

The 341 meeting isn’t a court hearing, and it won’t take place in a courtroom.

What Do You Need To Bring?

You’ll need to bring two documents:

• A government-issued photo ID (like a driver’s license or passport)

• Proof of your Social Security number (such as your Social Security card, a W-2, or a pay stub with your full SSN)

These documents are required. If you forget them, your meeting may have to be rescheduled.

Who Will Be There?

A bankruptcy trustee runs the meeting. They’ll place you under oath and ask a few standard questions to confirm the details in your paperwork. 

Your creditors are allowed to attend, but in most cases, they don’t show up. Most meetings involve just you and the trustee, and they usually take about 10 minutes.

What Happens Next?

Once your 341 meeting is complete, you’re one step closer to getting your debts discharged. If there are no follow-up requests or issues, you’ll just wait for the final steps in your case.

Deal With Your Car

Many people worry about losing their car when they file bankruptcy. The good news is that in many cases, you can keep it. Whether you can keep your car depends on a few key factors, like how much it’s worth, whether you’re still making payments, and what you can afford. It also depends on whether you own the car outright, you have a car loan, or you’re leasing the car.

If you own your car outright…

If you’ve paid off your car and it’s worth less than the amount North Carolina law protects, you can usually keep it. North Carolina’s vehicle exemption lets you protect up to $3,500 of equity in one car. “Equity” just means the car’s value minus any loan balance.

If you have a car loan ...

If you’re still paying off a car loan, you have a few options. You can:

• Surrender the car: You can return the car to the lender and wipe out the rest of the loan. This can make sense if the car is worth less than what you owe or the payments no longer fit your budget.

• Reaffirm the car loan and keep the car: If you want to keep the car and stay current on the loan, you can enter into a reaffirmation agreement. This means you’ll keep the car and the loan—and stay on the hook for future payments.

• Keep the car by redeeming the loan: If you want to keep the car but not the loan terms, you may be able to redeem it by paying its current value in one lump sum. This can help if the car’s value is much less than what you owe.