David M. Siegel answers in 33 seconds. Watch on YouTube · Read the transcript.
Short answer: Legally, no — you have every right to file on your own, which is called filing pro se. In practice I would never recommend it. The two worst outcomes are losing property that could have been protected and not receiving a discharge at all.
You have the right — that is not the question
Nobody disputes that you can file on your own. Federal law permits it and people do it every day. The question is not whether it is allowed but what happens when it goes wrong, and in bankruptcy the errors tend to be permanent.
This is a one-shot proceeding. You cannot amend your way out of an asset that was sold or a discharge that was denied.
Losing property that was protectable
Illinois exemptions are what keep your house, your car and your belongings out of the estate. As of January 1, 2026 the homestead exemption is $50,000 per owner, up from $15,000 — a change many people filing on their own do not know about.
Exemptions are not automatic. They must be claimed correctly in the right schedules, and an unclaimed exemption is a waived one. This is where pro se filers lose real money: a paid-off vehicle or home equity handed to a trustee because the paperwork did not protect it.
Not getting a discharge at all
The other serious outcome is doing the whole thing and receiving nothing. Cases are dismissed for missing documents, missed deadlines, an incomplete means test, a skipped course certificate, or failure to appear properly at the meeting of creditors.
The filing fee is spent, the protection ends, the creditors resume, and depending on the circumstances a refiling can come with limits on the automatic stay.
The judgment part cannot be looked up
Forms can be found online. What cannot is knowing which chapter fits, whether to wait three months, whether a transfer two years ago will draw attention, or how a particular trustee handles a particular asset.
That judgment comes from doing this every week for decades. It is the part that actually protects you, and it is the reason I would never file my own case if I were not a bankruptcy lawyer.
Weighing whether to do this on your own?
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Full transcript of the video
do I need a bankruptcy attorney to file for bankruptcy technically no you could file on your own that’s known as filing pro se I don’t recommend it it’s not an easy thing to do there are a lot of pitfalls that you can fall into that will cause a huge problem one would be not getting a discharge at all number two would be losing property that otherwise could have been protected so although you have the legal right to file a bankruptcy on your own I would never recommend it go with counsel that’s what they do on a day to day basis they have the expertise to protect you
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About the author. David M. Siegel has represented consumer bankruptcy clients in the Northern District of Illinois since 1991 and is the author of several books on consumer bankruptcy. The firm has offices at 790 Chaddick Drive, Wheeling, IL 60090 and 10540 S. Western Ave, Suite 202, Chicago, IL 60643, and handles cases by phone for clients throughout the Chicago area.
This article is general information about Illinois and federal bankruptcy law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts — speak with an attorney about yours.