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Do I need an attorney to file a successful bankruptcy?
Do I need an attorney to file a successful bankruptcy?
The law and the forms are very technical and must be properly and timely completed if you expect to be successful. The courts have very little sympathy for debtors who do not follow the rules.
CA,
Los Angeles,
United States of America
(prbd.net)
10/09/2011
The answer to this question depends on you and your financial situation.
If you have a lot of debts and creditors who are engaging in aggressive collection efforts you may be well advised to retain an attorney.
Remember that if you do not have an attorney you will be acting as your own attorney. Don't expect any help from the Bankruptcy Court or the trustee assigned to your case. They are not permitted to give legal advice which includes explaining the forms or helping you fill them out. Remember that that the basic purpose of the Bankruptcy Code is to insure the equitable distribution of assets to your creditors. The basic job of the court and trustees is to protect creditors.
The first step is gaining a basic understanding of the bankruptcy process. go to www.bkedcert.com. At the top of the home page click on FAQ this will give you an overview of the Bankruptcy Code.
Next you should go to the US Bankruptcy Court website for your District. The Bankruptcy Court websites have the forms for each type of Bankruptcy case as well as the Bankruptcy court rules. The forms must be properly completed and you must comply with the rules of the court. If the forms you file are not complete and not filed timely the court will likely dismiss your case.
The law and the forms are very technical and must be properly and timely completed if you expect to be successful. The courts have very little sympathy for debtors who do not follow the rules.
If after doing your homework you are comfortable that you understand the rules and feel you can comply with them you may be able to successfully represent yourself.
From your research you will have noted that before you file your case with the Bankruptcy Court you are required to complete a course in consumer credit counseling approved by the United States Trustee. This course outlines potential non-bankruptcy options.
For More detail about bankruptcy visit www.bkedcert.com