why do i need a lawyer to file bankruptcies

by Evan Waelchi 8 min read

Here are three reasons you may need one: You’re uncomfortable dealing with the bankruptcy case on your own. It can be intimidating to represent yourself in court, and a bankruptcy lawyer can take care of legal matters on your behalf. You’re worried about the paperwork. Court cases typically involve a lot of documents.

Your attorney will make sure that you disclose and value your assets realistically. Choose and apply exemptions. Every state has a separate exemption system used to keep property in bankruptcy. Your attorney will understand how to use the exemption rules to protect as much of your assets as possible.

Full Answer

Do I need a lawyer to file bankruptcy?

But since a bankruptcy filing involves legal matters, it can be challenging to navigate the bankruptcy process alone. You can file the case without legal help, known as going pro se, but experts typically recommend relying on a bankruptcy lawyer to handle your case.

What does a bankruptcy lawyer do?

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 and be licensed in the state where they do business.

Why do people file bankruptcy?

Reasons to Consider Filing for Bankruptcy Surveys agree that job loss and medical debt are the two biggest reasons for considering bankruptcy. Many times, the two team up and light a torch to a family’s financial plans. Health problems can make it difficult or even impossible to do your job.

What are the benefits of hiring a consumer bankruptcy attorney?

The biggest benefit to you is that an experienced attorney quickly recognizes any potential hiccup that could arise during your case and will plan accordingly. Here's a sampling of the value a qualified consumer bankruptcy attorney will bring to the table. Consider alternatives to bankruptcy.

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What do you lose when filing for bankruptcies?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.

Is it worth it to claim bankruptcies?

Bankruptcy stops collection calls, lawsuits and wage garnishments. It erases debt. And despite what you've heard, bankruptcy may help your credit scores. Credit bureaus and scoring experts often say bankruptcy is the single worst thing you can do to your scores.

What actually happens when you file for bankruptcies?

If you're struggling financially, bankruptcy gives you the opportunity to pay down a portion of your debts over time or have some of them eliminated entirely. Either way, declaring bankruptcy grants what's called an automatic stay, which is essentially a block on your debt to keep creditors from trying to collect.

How Will Filing Chapter 7 affect me?

The consequences of a Chapter 7 bankruptcy are significant: you will likely lose property, and the negative bankruptcy information will remain on your credit report for ten years after the filing date. Should you get into debt again, you won't be able to file again for bankruptcy under this chapter for eight years.

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.

Does Chapter 7 Get rid of all debt?

If you file a bankruptcy case under Chapter 7, not all debts are eliminated (or "discharged") once the bankruptcy process is complete. Generally speaking, in a Chapter 7 proceeding, the following types of debts are not discharged: Debts that were not listed at the start of the case (or debts for unlisted creditors).

Can a Chapter 7 be denied?

The rejection or denial of a Chapter 7 bankruptcy case is very unusual, but there are reasons why a Chapter 7 bankruptcy case can be denied. Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself.

Will I lose my car in Chapter 7?

If you file for Chapter 7 bankruptcy and local bankruptcy laws allow you to exempt all of the equity you have in your car, you can keep the vehicle—as long as you're current on your loan payments. And if the market value of a vehicle you own outright is less than the exemption amount, you're in the clear.

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...

What Does A Bankruptcy Lawyer Do?

Bankruptcy attorneys take care of several issues. Primarily, they protect your assets and help you find relief from overwhelming financial stress. Bankruptcy lawyers also help you understand the differences between personal bankruptcy options like Chapter 7 and Chapter 13.

What Can Clients Expect From Bankruptcy Attorneys?

A reasonable bankruptcy attorney will help their clients find relief from the stress of unmanageable debt. Usually, bankruptcy attorneys offer free consultations to talk about the case and what they can do to help you.

When You Know You Need A Bankruptcy Attorney

Knowing that you need a bankruptcy attorney depends on the way you earn and spend your money. Falling into financial distress tends to occur gradually, and you might miss the early signs.

Why Hiring A Bankruptcy Attorney Makes Sense

Bankruptcy is complicated, so most people who file on their own fail to get their debts discharged. Creditors want their money, and they send their own lawyers to fight for payment.

Contact JPP Law for Bankruptcy Help

If you think that filing for bankruptcy can help you get your finances under control and have been looking for a bankruptcy lawyer in Stroudsburg, PA, JPP Law can help!

Do You Need A Lawyer To File Bankruptcy – Finding

Several websites can help with this stage on the internet, but going in person and using the conventional approach is more secure and useful. Make contact with family and friends to find some competent attorneys. Obtain some suggestions. State and local bar associations are excellent resources for finding a hands-on bankruptcy lawyer.

For A Low-Income Family

People are eligible for free services if their family’s income is less than 125 % of the federal poverty requirements. The Legal Services Corporation provides several services. These are non-profit organizations that provide civil legal services to those with little financial resources. They are adamant regarding their financial requirements.

Personal Recommendations

Coworkers, relatives, acquaintances, and neighbors may be able to provide you with contact information for a suitable attorney. They might be able to aid you with your case by sharing their personal or other consumer experiences. It is critical to recognize that the majority of us have had financial difficulties at some point in our lives.

Online Referrals And The Internet

When using the internet as well as search engines, the top results are usually sponsored sites that paid for their placement at the top of the results page. Bankruptcy mills, as well as dabblers, are among the others. Small businesses and single practitioners are among them.

Do You Need A Lawyer To File Bankruptcy – Vetting

This is the first step in the process of hiring a lawyer. Many sites, such as Amazon, have star ratings based on peer reviews. Lawyers with AV inside the center and small hexagon marks denote exceptional ranking of websites. The objective is to hire a bankruptcy attorney who specializes in these types of cases.

Do You Need A Lawyer To File Bankruptcy – Interviewing

It’s time for the interview after you’ve completed the first two steps. Schedule at least three lawyers who have been shortlisted as a result of the preceding processes. This will assist you in making comparisons between various elements.

The 3 ES While Choosing A Bankruptcy Attorney

A good attorney with you, ought to be able to work with your budget constraints and charge reasonable costs. For their legal assistance, some plans have a large upfront cost. Appropriate rates may vary from one attorney to the next, but the point is that you’re not forced into a worse financial situation than previously.

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