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Working with a Bankruptcy Lawyer
Filing for bankruptcy can be a complicated process, but it is not impossible. Enlisting the aid of a bankruptcy lawyer is a decision that must be made before any paperwork is filed. Not everyone needs to hire an attorney when filing for bankruptcy, but generally, it is a wise decision that can make filing bankruptcy much easier on the debtor, and can save money throughout the process.
Do I Need a Lawyer to File Bankruptcy?
This is a common question for anyone thats considering filing bankruptcy. Choosing to hire an attorney can be a big decision. On one hand, someone facing bankruptcy does not have much money for lawyers fees. On the other hand, a mishandled bankruptcy case can result in a denied petition, or expensive results that could have been avoided with by an experienced bankruptcy lawyer.
Guidelines for Hiring a Bankruptcy Lawyer
While every case is unique, here are a few general tips for anyone deciding whether to hire a lawyer or file "pro se":
- Simple Chapter 7 Cases: For chapter 7 filings where the means test has been completed successfully, debtors can get away without using an attorney.
- Unsecured Debts Over $10,000: In cases where unsecured debts, such as credit cards and personal loans, are over $10,000, hiring an attorney is highly advised.
- Chapter 13 Cases: Anyone considering a Chapter 13 filing should hire an attorney. This process is sufficiently complex that having an experienced lawyer is important to a successful outcome
- Previous Bankruptcies: For debtors filing a second or third bankruptcy, having an attorney representing them is imperative.
- Stopping a Foreclosure: If bankruptcy is being filed in an attempt to stop a foreclosure, hiring an attorney is important so that timelines and steps are not missed and the home is not jeopardized.
These are just a few cases where choosing to hire an attorney can be a little easier. In reality, most bankruptcy lawyers will offer a free initial consultation that allows the debtor to explain his or her situation, and get some more information from the attorney to find out if their services should be retained.
- If you need help with filing bankruptcy, click here for a Free Case Review with a Bankruptcy Lawyer near you. The content of this website is provided for informational purposes only, and nothing here should be taken as legal advice.