should you have a lawyer when you file bankruptcy

by Vallie Streich 10 min read

Well, the short answer to this question is No. You don’t necessarily need an attorney or lawyer to file for individual bankruptcy. You can file it on your own, or “pro se” which is the term for representing the case. But whether you should file your bankruptcy yourself without a lawyer or attorney, well that’s another question entirely.

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes.

Full Answer

How to find a good bankruptcy lawyer?

What Should You Ask a Fort Lauderdale Bankruptcy Lawyer?

  • First impressions count. ...
  • Once you’re in with the lawyer, are they listening to your situation and asking questions? ...
  • Ask about their bankruptcy experience. ...
  • How large is the lawyer’s law firm? ...
  • How quickly do they return calls, emails or texts? ...
  • How hands-on will the attorney be after the initial consultation? ...

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How to file bankruptcy without a lawyer?

The Process

  1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
  2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
  3. Fill Out the Paperwork. ...
  4. Attend the Meeting of Creditors. ...

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Where is the cheapest bankruptcy lawyer?

“ Low Cost Bankruptcy+Quality!”

  • Our prices usually please everyone.
  • You can Pre-Qualify for Bankruptcy.
  • Free Consultation.

How much does a bankruptcy attorney cost?

  • Submitting a list of creditors to the court and scheduling court appearances.
  • Directing you on where and how to complete a required pre-bankruptcy credit counseling session and a post-bankruptcy debt management course.
  • Submitting required fees when filing documents with the court.

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Should you seek legal advice when filing for bankruptcy?

Also, bankruptcy does not remove all debt, and there are certain types of debt that cannot be discharged (eliminated) in bankruptcy. Bankruptcy may not always work to save your home or property, so you need to get advice from a bankruptcy lawyer about whether or not bankruptcy is a good option for you.

What is the downside of filing for bankruptcy?

Filing for bankruptcy can negatively impact your immediate financial future. Obtaining credit after filing for bankruptcy could mean increased interest rates. Obtaining credit after filing for bankruptcy might require security deposits.

What gets forgiven in bankruptcy?

Chapter 7 bankruptcy erases or "discharges" credit card balances, medical bills, past-due rent payments, payday loans, overdue cellphone and utility bills, car loan balances, and even home mortgages in as little as four months. But not all obligations go away in Chapter 7.

What happens to your stuff when you file for bankruptcy?

Bankruptcy is intended to allow an unlucky but honest debtor to get a new financial start. When you file for bankruptcy, you will have to surrender all your assets to a trustee. Those assets are then converted into cash, and the money is used to pay your creditors.

What debts are not discharged in bankruptcy?

Additional Non-Dischargeable Debts Certain debts for luxury goods or services bought 90 days before filing. Certain cash advances taken within 70 days after filing. Debts from willful and malicious acts. Debts from embezzlement, theft, or breach of fiduciary duty.

Which types of debt will not be eliminated in bankruptcy?

Debts Never Discharged in Bankruptcy Alimony and child support. Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years. Debts for willful and malicious injury to another person or property.

Will bankruptcy clear all debt?

Bankruptcy doesn't cover all debts so it's important to make sure you know whether any of your debts won't be covered and put plans in place to deal with them. You might need to: keep paying some debts while you're bankrupt. stop paying some debts, but start paying them again when your bankruptcy ends.

What are 5 types of debt that are not dischargeable in bankruptcy?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What can they take during bankruptcies?

What assets can I keep in bankruptcy in Alberta?Food required by you and your dependents during the next 12 months.Necessary clothing up to a value of $4,000.Household furnishings and appliances to a value of $4,000.One motor vehicle not exceeding a value of $5,000 (equity)More items...

Can I get free help with my bankruptcy case?

Yes, nonprofit legal services offer help to low-income people who either need an attorney to represent them in a bankruptcy case or are handling a...

How long does a bankruptcy stay on your credit report?

A Chapter 7 bankruptcy can stay on your credit report for up to 10 years, while a Chapter 13 bankruptcy may remain on your credit report for up to...

What types of debt can’t be included in a bankruptcy case?

Among the types of debt that can’t be discharged—meaning you’re no longer legally required to pay them—are most student loans, most taxes, child su...