Filing without An Attorney (Pro Se Filing)

This page is for bankruptcy case filers who are individuals and are not represented by an attorney. These filers are also called pro se filers. However, this information is relevant to any debtor.

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Before You File

Filing for bankruptcy is a serious matter. The consequences may outweigh the benefits.

It is strongly recommended that anyone considering filing bankruptcy seek legal advice and representation from a bankruptcy attorney experienced in bankruptcy law and procedure. Only an attorney is authorized to give you legal advice regarding a bankruptcy case or proceeding.

Anyone who is considering the filing a Chapter 7 case may wish to attend a no-cost Bankruptcy Self-Help Center, hosted by The Legal Aid Society of San Diego. The Bankruptcy Self-Help Center is held every Wednesday from 2 to 4 pm (during COVID Operations, you must call for an appointment) at the U.S. Bankruptcy Court, Jacob Weinberger U.S. Courthouse, 325 West F Street, San Diego, CA, or you can contact The Legal Aid Society of San Diego, Inc. at (877) 534-2524. Low-income individuals may be eligible to have a volunteer lawyer represent them for free (although you may still have to pay the required filing fee).

Individual debtors who file for bankruptcy relief must receive a credit counseling briefing within 180 days before the bankruptcy filing.

Most debts are dischargeable in bankruptcy. However, certain individual debts may not be dischargeable. The most common examples are taxes; domestic support obligations; student loans; most fines, penalties, forfeitures, or criminal restitution; debts for personal injury or death caused by your operation of a motor vehicle while intoxicated; and debts which were not properly listed on the bankruptcy petition and schedules.

Guide to Eviction Judgments - 11 U.S.C. § 362 (I)

Renters wishing to remain in their residence:

If you had an eviction judgment entered against you before you filed your bankruptcy case, and you want to remain in your residence after your bankruptcy case is filed:

If you rent your residence and answered “yes” to question #11 on Official Form 101 (Voluntary Petition for Individuals Filing for Bankruptcy) - “Has your landlord obtained an eviction judgment against you?”, you must complete and include Official Form 101A (Initial Statement About an Eviction Judgment Against You) with your petition if you wish to remain in your residence. You will also be required to provide a full rent payment with this form. Please refer to Form 101A for details.
To remain in your residence more than 30 days, you may also need to complete and file Official Form 101B (Statement About Payment of an Eviction Judgment Against You) and Local Form CSD 1033 (Certificate of Cure of Entire Monetary Default) within 30 days of filing your Bankruptcy petition. Please refer to Form 101B regarding curing any judgment against you.

When You File

The process of bankruptcy can be complicated. Although the U.S. Bankruptcy Court Clerk's Office staff provides a variety of services, the staff are not permitted to assist with the preparation of the voluntary petition, schedules, or other documents. They are also prohibited from giving legal advice.

All parties must comply with the Local Rules and Administrative Procedures for the U.S. Bankruptcy Court - Southern District of California, the U.S. Bankruptcy Code, and the Federal Rules of Bankruptcy Procedure. Failure to do so may result in dismissal of the case or other sanctions.

Read all documents before you file them with the Court to ensure accuracy. Your signature on many of the documents constitutes a certification under penalty of perjury that the information on the document is true and correct to the best of your knowledge.

Failure to follow the laws and rules concerning bankruptcy (paying fees, filing documents, attending the meeting of creditors, etc.) may result in the dismissal of your case. If your case is dismissed, creditors may then resume collection efforts.

You must list all of your property, belongings, and possessions, as well as all of your debts, on your bankruptcy petition. You must be completely truthful in your dealings with the Court and the trustee. False statements can result in your discharge being denied or revoked, and can subject you to criminal prosecution.

After You File

Carefully read all documents you receive from the Court.

If your address changes, be sure to notify the Court in writing immediately to ensure you receive important notices about your case!

The case may be dismissed if you fail to appear at, and complete, the 341(a) meeting.

Failure to pay all filing fee installment payments may result in a dismissal of your case.

You must also complete the second required debtor education course financial management after filing in order to receive a discharge.

The Court does not report bankruptcies to the credit bureaus and does not get involved in disputes regarding credit reports.

Credit-reporting agencies may not report a bankruptcy case after 10 years from the date of entry of the order for relief.

Information about the Fair Credit Reporting Act is available from the Federal Trade Commission at www.ftc.gov or 1-877-FTC-HELP.

Build Creditor List

The List of Creditors is essentially a mailing list of people and/or entities to whom you may owe money. This mailing list contains all your creditors’ and/or equity security holders’ names and addresses. The List of Creditors information is used by the Bankruptcy Noticing Center (BNC) to send notices of case activity to the creditors and/or equity security holders.

The creditor list is required when opening a new Bankruptcy case. More information on the requirements for the creditor list can be found under the forms section of this website under the form name CSD 1007.

Build Creditor List

Help and Tips

Remember to sign all of your documents.
Staple documents in the upper-left corner only.
Personal checks are not accepted. The Court does not accept credit cards from debtors.
The Court accepts payment of filing fees in cash, cashier's check, or money order and for the exact amount only. Do not send cash through the mail.
Debit card payment option is available to all individuals without a CM/ECF account via Pay.gov Forms. A case number must be assigned to a new case prior to paying.
In some situations, the court may approve a filing fee to be paid in installments or waived completely. Visit the Filing Fees page for more information on Chapter 7 Filing Fee Waiver or Installments..
If you mail your documents, please include a self-addressed envelope with sufficient postage so that we can return a copy to you.
If you complete the fillable forms on your computer and you do not have Adobe Writer, you must print the completed forms before closing the document. If you do not do this, the information that you typed will be lost.

United States Bankruptcy Court

Southern District of California

Hon. Christopher B. Latham, Chief Judge • Michael Williams, Clerk of Court

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