Can I File Bankruptcy Without a Lawyer in Florida? (2026 Guide)

With inflation high and budgets tight, many people look for ways to save money when filing for bankruptcy. A common question we hear is: “Can I just file the paperwork myself and save the attorney fee?”

The short answer is yes, you legally can. It’s called filing “Pro Se.”

The real question is: Should you? The statistics from the Florida Bankruptcy Courts paint a grim picture. In 2025, the vast majority of Pro Se cases either failed or resulted in the debtor losing assets they didn’t know were at risk. Here is why going it alone is often the most expensive “savings” you can make.

The Failure Rate is Shockingly High

According to recent data from the American Bankruptcy Institute and court records:

• 📉 Chapter 13 Failure: Less than 3% of Pro Se Chapter 13 cases result in a successful discharge. That means you have a 97% chance of failure if you try to reorganize your debt without a lawyer.
• 📉 Chapter 7 Risk: While Chapter 7 is simpler, the risk isn’t just dismissal—it’s losing your stuff. A Trustee can seize and sell your tax refund, car, or even your home if you don’t apply the correct Florida exemptions.

3 Fatal Mistakes of “DIY” Bankruptcy

1. The “No Exit” Trap

This is the most dangerous risk. Many people think, “If it gets too complicated, I’ll just cancel the bankruptcy.” You cannot. Once you file a Chapter 7, your assets belong to the Bankruptcy Estate. If the Trustee finds an asset you didn’t know was unprotected (like an inheritance or a paid-off car), they can sell it, and the court will not let you dismiss the case just to save your property.

2. Failing the Means Test

The “Means Test” is a complex calculation of your income vs. IRS-allowed expenses. One math error can trigger an audit by the U.S. Trustee’s office. If they suspect you are abusing the system (even by accident), your case can be dismissed with a ban on refiling, leaving you at the mercy of your creditors.

3. Using “Petition Preparers” (Notarios)

Many people hire non-attorney “petition preparers” or “paralegals” to type their forms. By law, these individuals cannot give legal advice. They cannot tell you which exemptions to use or which chapter to file. If they make a mistake, you are the one who pays the price, not them.

What an Attorney Actually Does

When you hire Juan Burgos Law, you aren’t just paying for paperwork. You are paying for protection:

• Asset Shielding: We review every asset you own to ensure it fits under a Florida exemption before we file.
• The 341 Meeting: We stand beside you (virtually or in-person) when the Trustee interrogates you, ensuring you don’t say something that hurts your case.
• Creditor Defense: If a creditor objects to your discharge, we fight back.

Conclusion: Don’t Gamble with Your Future

Bankruptcy is a federal legal proceeding with serious consequences. Saving $1,500 on legal fees isn’t worth losing a $5,000 tax refund or your family car.

At Juan Burgos Law, we offer flexible payment plans to make professional representation affordable. Do it right the first time.