when do i need a bankrupcy lawyer

Additionally, an attorney may be needed if the filer owns a business, if the debtor has debts that may not be discharged in bankruptcy, if he or she has recently transferred assets out of the debtor’s name into someone else’s name, or if creditors will be challenging the discharge. Why Contact an Attorney?

Full Answer

Do I need a lawyer to file bankruptcy?

Feb 24, 2022 · A bankruptcy lawyer specializes in giving legal advice to a client about bankruptcy, prepares legal documents for the client and represents the client in court. An attorney must hold a law degree...

What does a bankruptcy lawyer do?

Jan 14, 2013 · The bankruptcy process begins with a 30-60 minute interview between you and a lawyer. If you are married, both of you should attend so that all questions can be answered honestly and accurately. The attorney will be able to lay out your options including the potential to file bankruptcy without a spouse.

Can I file bankruptcy without a spouse?

May 14, 2019 · Although you are not legally required to have an attorney file for bankruptcy, consulting with an experienced bankruptcy attorney will help you fully understand your options and avoid potential pitfalls. There are a number of bankruptcy preparer services that advertise that they can prepare and file your petition for you, however, they are prohibited from giving …

What is the bankruptcy process like?

Mar 14, 2022 · After you’ve filed your paperwork, complete a mandatory Personal Financial Management Instruction Course within 45 days of meeting with your trustee Wait for the outcome of your bankruptcy petition Should You File for Bankruptcy with the Help of a Lawyer?

How do you know if I should file bankruptcy?

Reasons to Consider Filing for BankruptcyYou are getting a divorce.Creditors are suing you for payment of debts.The home you own is under water and in danger of foreclosure.The only way you can pay for things is using a credit card.You use one credit card to pay off another.More items...

What can you not file bankruptcy for?

8 Kinds of Debt You Can't Lose in BankruptcyMost back taxes and customs. ... Child support and alimony. ... Student loans. ... Home mortgage and other property liens. ... Debts from fraud, embezzlement, larceny, or from “willful and reckless acts” ... Your car loan, if you want to keep your car. ... Debt that doesn't belong to you.More items...

Does bankruptcy clear all debts?

Declaring bankruptcy won't wipe out all debts and some types of debt will survive the bankruptcy. In other words, if you declare yourself bankrupt, you will still be required to pay: court-ordered penalties and fines. child support and maintenance payments.Mar 20, 2019

What debts Cannot be discharged in bankruptcy?

Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

How do I get a bankruptcy attorney?

A good bankruptcy attorney will give you peace of mind if they provide at least these four things: 1 An initial consultation – usually free! – to get an overview of your case 2 Advice on options available, including what type of bankruptcy to file 3 Completed paperwork necessary for filing bankruptcy 4 Representation when the case goes to court.

How long does it take to get a lawyer to represent you in bankruptcy?

Representation when the case goes to court. The bankruptcy process begins with a 30-60 minute interview between you and a lawyer. If you are married, both of you should attend so that all questions can be answered honestly and accurately. Making guesses about how much you owe and who you owe it to is not a good idea.

How many people file for bankruptcy in Chapter 13?

Only about one in 50 consumers filing for themselves in Chapter 13, receives a discharge. Hire a lawyer and your chance for success is better than four-out-of-10. The reasons are fairly obvious. Bankruptcy is a complex subject. Creditors want to get paid by consumers who say they don’t have the money.

How much does a bankruptcy lawyer charge?

The standard rate for a Chapter 7 bankruptcy is $1,500 and $3,500 for Chapter 13.

What does bankruptcy do?

The word bankruptcy is so fraught with negative images that consumers tend to forget the real purpose behind filing: A) It provides protection from creditors; and B) It offers relief from some, or maybe even all debt obligations. And that is exactly what a bankruptcy lawyer should do: Protect your assets from debt collectors ...

How do you know if you are going bankrupt?

Some of the obvious signs that bankruptcy might be in your future include: You only make minimum monthly payments on overdue bills. Your credit cards are maxed out and debt is growing, not shrinking each month. You use credit cards to pay every day expenses like groceries, rent or utilities.

Can you file a Chapter 13 without a lawyer?

In a Chapter 13 case, things can get tricky. Not only must you meet with the Chapter 13 trustee, but you must present a Chapter 13 Plan which will be accepted by the Court. This is the part where most people struggle when filing without a lawyer.

Do I Need A Lawyer To File Bankruptcy?

If you are thinking of filing for bankruptcy on your own, you must have ask yourself this question, “Do I need a lawyer to file for bankruptcy?”

Easy Bankruptcies?

Is there really such a question as “are there easy bankruptcies?” Bankruptcy is baffling, not to mention emotionally overwhelming. The word “bankruptcy” itself sounds so haunting. But don’t let that get you scared. Let the professionals do the dirty work. Now that’s easy!

When do you require a bankruptcy lawyer?

In most cases, it is recommended that an experienced bankruptcy lawyer handle your bankruptcy case.

If you have a simple bankruptcy chapter 7 case there is a chance you might be able to file on your own

However, keep in mind that filing an “easy” Chapter 7 bankruptcy takes a decent amount of research and time on your own part.

What if a bankruptcy lawyer is out of my budget?

Contracting a bankruptcy lawyer will generally be better than filing for bankruptcy yourself, but not everyone can afford to hire an experienced bankruptcy attorney.

Chapter 7 Without Bankruptcy Attorney

If the filer has a simple Chapter 7 bankruptcy situation, it is possible to handle the matter without a bankruptcy attorney. A simple Chapter 7 case would typically mean the following circumstances apply:

When an Attorney Is Needed

Certain situations almost always call for the assistance of a bankruptcy attorney, including the following:

Why Contact an Attorney?

Even if the debtor is not 100 percent sure he or she wants to hire an attorney, it is advisable to at least consult with one before deciding how to proceed. The attorney can advise the individual on whether bankruptcy is in his or her best interest or whether other options exist instead of bankruptcy.

How Much Do Bankruptcy Attorneys Cost?

Bankruptcy attorney fees are based on the complexity of the bankruptcy case, as well as the type of bankruptcy being filed. Fees can range anywhere from $500 to $3,500 for a Chapter 7 case to up to $6,000 for a Chapter 13 bankruptcy case, since these types of cases tend to be more labor-intensive and last longer than the other type.

Contact Us Today

At RLC Lawyers & Consultants, we are here to walk you through this stressful process of bankruptcy. To request to schedule a consultation, please call us at 561.571.9610 or send an email to info@rlcfl.com.