Why You Need an Attorney When Filing for Bankruptcy
Posted on May 16, 2018 4:22pm PDT
While you are not required to have an attorney when filing for
bankruptcy, not doing so is generally an unwise decision and can cause many problems
to arise in court, costing you time and money, while ultimately compromising
your chances of achieving a successful outcome. Unfortunately, many individuals
who are in need of filing for bankruptcy cannot afford to jeopardize their
chances, which is why hiring an attorney is often vital and necessary.
We have compiled a list of reasons that explain why you might need an attorney
to assist you through the bankruptcy filing process:
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You filed for the wrong chapter type: Most consumers choose between filing a Chapter 7 or a Chapter 13 bankruptcy,
both of which address specific problems. If you are trying to save your
home from foreclosure, for example, a Chapter 13 bankruptcy might be best
for you. However, if you have no income and no assets, a Chapter 7 bankruptcy
is more suitable. Choosing the wrong chapter could cause you to lose valuable
property, or you might simply end up not being able to discharge certain debts.
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Not filing the required documents: Lots of legal matters, including bankruptcy, involve a lot of forms and
paperwork. You are expected to complete a lengthy federal packet and your
court might have some local forms for you to fill out. Oftentimes, self-represented
bankruptcy debtors fail to file all of the necessary bankruptcy documents,
resulting in a dismissal of their case.
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Failing to protect property: Understanding the role of property exemptions is crucial for protecting
your property in both a Chapter 7 and Chapter 13 bankruptcy. Otherwise,
you risk losing valuable or sentimental property, such as your home or
a family heirloom.
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Failing to take mandatory education courses: If you plan to file for a Chapter 7 or Chapter 13 bankruptcy, you must
take mandatory credit counseling from an approved provider before you
file, in addition to completing a financial management course. Many filers
forget to do so, or are confused about the requirements, and end up not
filing the proper certificate, which might potentially result in a dismissal
of your case.
You might also face more complicated scenarios, such as motions or adversary
actions and, if you are unable to understand them, you could face some
serious problems with your case.
Bankruptcy Attorneys in Fresno
If you are facing an insurmountable level of debt that you cannot begin
to repay, filing for bankruptcy could be your best option. Before you
take any action, hire a skilled bankruptcy attorney in Fresno to ensure
your clean slate begins on the right note. At Arnold Law Group, APC, our
bankruptcy attorneys have the experience and knowledge necessary to assist you.
Get started on rebuilding your financial health today and call our office at
(559) 900-1263 to schedule a free case evaluation with a member of our team.