Must You Have a Lawyer To File Bankruptcy?

Certainly not!

You have the absolute right to represent yourself.  But, the better question is: “Should you have a lawyer to file bankruptcy?”

Let’s make a list of the pros and cons to have an attorney, starting with all of the reasons not to have one:

1. An attorney will charge you a fee.

Now, let’s look at the reasons to have an attorney:

1. An attorney can counsel you as to whether you need to file bankruptcy or not.

2. An attorney can advise you on the various types of bankruptcy: chapter 7 or 13 or 11, etc.

3. An attorney will ensure that the credit counseling is done so your case isn’t dismissed.

4. An attorney can make sure that the forms are properly filled out so you won’t lose any exempt property.

5. You will have representation if the Trustee calls.

6. You will have someone to help you at the meeting of creditors.

7. You will have someone to help you decide to reaffirm a debt or not.

8. Should something unusual happen, an attorney can help you understand your rights and protect your property.

9. An attorney will ensure that you receive a discharge whenever possible.

The above is certainly not a complete list, but you get the idea.  Filing for bankruptcy is a complicated and difficult step in your life.  You need only look at the post by my colleague, Adrian Lapas, to see what can happen if you file by yourself and don’t know all the laws.  The house that the debtor lost – her home- could easily have been saved by a competent attorney!

No related posts.