April 30th, 2010Is it a Problem to File Bankruptcy Without a Lawyer?
Is it a good idea to file bankruptcy without a lawyer? As the economic gloom continues and more people file for bankruptcy, many feel a lawyer is an unnecessary expense.
I am not a lawyer, and am very concious of the sums they can charge, but in this instance with your financial future at stake and the complications of bankruptcy law, I would say unhesitatingly that a lawyer is essential.
A lawyer will help guide you through the process and make sure you get the best deal possible.
You will probably either lose all your worldly goods, but have all debt written off (chapter 7), or live a tough life for 3-5 years as you work through repayment plan (chaptern 13).
Before determining what chapter one should file bankruptcy under, the BAPCPA bought in a compulsory means test in 2005, intended to weed out those who could afford to repay in full, and force them into a chapter 13 filing.
A lawyer will earn his money by taking you through such things, rather than leaving you to struggle with legal terminology and the like.
Be aware however, that biggest is not always best. You want a law firm that understands the bankruptcy law in your state, and one where you are in close contact with your solicitor – something not always true of large firms.
An average fee is about $1800, but this can vary. Try and find a lawyer who charges a flat fee rather than a fee based on the amount of debt you have, or an hourly rate.
You will be very grateful for a lawyer’s assistance when it comes to the “Meeting of Creditors”.
Before the meeting you will need to draw up a list of creditors with details of how much is owed. You must also produce documented evidence of all your assets and their value, and any income you receive.
Here again a lawyer is vital as he will guide you through then process and be with you at the meeting. The purpose of the meeting is to establish your legal position (you are asked questions under oath), and then decide which chapter you are entitles to file under.
There are other more obscure aspects a lawyer will advise on. For example, your petition can be thrown out if you are found to have used a credit card after filing bankruptcy on the basis that you cannot repay.
I cannot emphasise the importance of a lawyer if you intend to be declaring yourself bankrupt at any time.
This is onlyone aspect of declaring yourself bankrupt. If you would like more free inIf you would likemation on various aspects of bankruptcy, go to www.decalringyourselfbankrupt.org. Don’t reprint this exact article. Instead, reprint a free unique content version of this same article.