Do I need an attorney to file a bankruptcy?
Individuals are not required to have an attorney to file bankruptcy, although it is highly recommended. Corporations, partnerships and trusts must be represented by an attorney to file bankruptcy. Bankruptcy is an extremely technical area of law and involves many complex issues- for example, property exemptions, the dischargeability of a debt, or the application of the automatic stay rule. In addition, there are a substantial number of documents required to be filed to commence a case, many of which are also extremely technical in nature. An attorney can advise debtors on these issues. The staff at the Bankruptcy Clerk's office cannot give legal advice. If you have questions about filing for bankruptcy or preparing the bankruptcy paperwork, please seek the advice of counsel. If you cannot afford an attorney, please contact one of the following resources: (1) the RI Free Bankruptcy Legal Clinic; (2) the RI Bar Association, which provides information on finding a lawyer at (401) 421-5740,www.ribar.com; (3) RI Legal Services at (800) 662-5034 or (401) 274-2652, www.helprilaw.org; or (4) the Volunteer Lawyer Program at (401) 421-7758.
Pre-petition credit counseling from an approved agency is a requirement for filing bankruptcy. The list of authorized agencies for the state of Rhode Island is listed on the Office of the US Trustee page of this website.