Do You Need Lawyers To File For Bankruptcy?
Filing for bankruptcy can be a complex task, however, you do not legally need lawyers to act on your behalf. You can do the research, much of it online including downloading of forms, and you can represent yourself in court. However, due to the complex nature of bankruptcy, you may be doing yourself a disservice by doing so.
For those contemplating bankruptcy, seeking legal advice is a sensible approach. Once you have sorted the advice and have a clearer understanding of where you stand, you may be in a position to handle things yourself. However, you have to be resourceful and well organized to gather all the information required.
There are some lawyers that will provide either a free or low cost initial meeting. This meeting will review your situation and the options available to you. A lawyer may be able to provide advice on alternatives to bankruptcy, or actions you can take that will help the process proceed smoothly. They will, for example, point you in the right direction for credit counseling if that is a pre-filing requirement.
Lawyers will also be able to advise you as to which assets may be at risk and which assets could be deemed exempt. This is an important aspect when considering bankruptcy. If you represent yourself you may find you are forced to give up assets that you would rather have kept. If you are aware of what is at risk from the start, you can better prepare yourself, or seriously consider alternatives to bankruptcy.
Lawyers know the law and how to proceed in your best interests. Going it alone can slow the process and cause unnecessary stress in your life. Do you need a smooth transition through bankruptcy, or a rough ride with surprises around every bend?
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April 24th, 2011 at 8:35 am
I agree that one should get a free consultation with an attorney first, regardless of whether or not they ultimately hire one. You will get much useful information in that meeting and probably decide that you need a bankruptcy lawyer.
Good luck to all,
ep