Do I Need a Lawyer to File for Bankruptcy?

The short answer is yes! Do not try to file any bankruptcy without one!

Your lawyer will know the law first and the foremost. The lawyer will know if you have too much assets or income for instance as he will do a means test calculation for you as is needed b the law. I recently came in a case of bankruptcy where the bankruptcy filers should never have filed the case because this person had non-exempt income or assets.

The trustee claimed all of the assets for creditors, as they will do when there are assets available to seize. If an experienced bankruptcy attorney would have been consulted at the beginning, so they can advise the clients not to file for bankruptcy at all in the case.

Clients can save the filing fees, attorney fees, administration fees and they could have made a deal to pay back the debts. As it turned out the customer must surrender the assets necessary to pay all costs and he should pay back the debt in full. It would much cheaper not to file bankruptcy in the first place and make matters worse the clients assets are tied up for over a year.

Second, you need a lawyer because the lawyers know the procedure of bankruptcy.  Filing for bankruptcy requires many steps, which are difficult to follow for beginners. A bankruptcy attorney will file the case electronically with special software that automatically comply with the procedural requirements of the court. If there are any mistakes in these, can result in delays and mostly continuance, and sometimes in the dismissal of bankruptcy case.

If the case is dismissed, the debt come back into the game and the whole reason for filing is neglated. Now you have lost the filing fee and you’ll suffer other penalties such as losing the automatic stay for one year.

Third, you need a lawyer, because if you hire one, you will get an expert who knows the law and the procedures, and also who knows the trustee. Each bankruptcy trustee is a little different and each has slightly different requirements. An experienced attorney know what each one needs and what everyone wants to receive in terms of supporting the documentation. This definitely help you through the process in smoothest and fastest way.

Finally, with a lawyer you have someone to accompany you through the process. They will accompany you in attending any meeting and they are available for any questions about the process at any time. It helps people to have less fears and worries about something that people naturally are very frightened about.

There are many reasons to hire an experienced bankruptcy attorney to help with your bankruptcy. Remember that the lawyer is the only one that can represent you in the court unlikely to the worsen the situation. So if you are considering bankruptcy then hire a lawyer and do not do it yourself!

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