Do I Need An Attorney To File For Bankruptcy?

Every year thousands of people find themselves in financial difficulties and they are forced to declare bankruptcy. However as recourse many find themselves too broke to even file for this and thus are left with no means of going forward. Fortunately the law has provided a means in which a person can file for bankruptcy on their own. this means that individuals who are under strenuous financial stress can simply apply and be granted bankruptcy without attracting other added fees.

attorney to file for bankruptcy

Pro Se Litigants

The law provides for individuals who want to represent themselves during bankruptcy procedure under pro se. Pro se litigants, or individuals who have decided to represent themselves in bankruptcy cases are expected to follow rules and regulation stipulated in federal courts. This means that majority of the time will be used in learning the ins of the law and how best to ensure it is in ones advantage. Fortunately most courts allow an individual to take charge when dealing with simple bankruptcy matter under chapter 7 of federal law.

Most courts demand local forms in order to proceed with the matter. However this process is allowed only after the completion of a means test that determines an individual’s preparedness in handlings ones legal matter. It is good to note that when an individual does choose to file for bankruptcy on their own, the risks that are associated with it are higher. This means that one must be comfortable and have extensive knowledge on bankruptcy law to minimize the long term effects. As a fact, court employees and judges are prohibited from offering any kind of legal service. This fact is easily seen even in cases where an individual is causing gross injustice to themselves.

Use of Non Attorney Petition Preparers

Another avenue in which an individual can file for bankruptcy independent on the services of a lawyer is by using non attorney petition preparers. By law, the petition prepares just like court officials are prohibited from offering any kind of legal advice to individuals seeking bankruptcy. This means that they are limited in the help they can offer an individual and cannot explain or answer any legal questions that may seem unfamiliar. The petition preparedness however offer great assistance to individuals by ensuring that they enable an individual fill and file forms that are necessary for application of bankruptcy. This process enables an individual have an easier time during the whole procedure, especially when filing for bankruptcy under chapter 7.

Using an Attorney

Many individuals who are filing for bankruptcy are fortunate enough to afford the services of a bankruptcy attorney. This makes things incredibly easier to deal with especially when dealing with complex cases that are dealt with in chapter 13. Quite often, many individuals who file for this have property and businesses they want to keep and operate and still protect it from creditors. Attorney’s in this case provide legal advice and means in which enables an individual protect oneself in this situations and thus the whole point of filing for bankruptcy is attained.

In retrospect an attorney proves to be useful in advising one whether to file for bankruptcy or not. This is important as filing for one has long term financial and legal standings that can be detrimental if done in haste. The advice provided is also extended on which chapter of bankruptcy to file under, in order to ensure that as an individual one gets the most benefit. This choice makes it easier for court judges to follow the law to the latter and thus make a choice on whether an individual’s debts will be discharged or if they will be required to settle once they are financially stable in the near future.

In considering if one wants to use the services of an attorney when filing for bankruptcy, one needs to consider certain aspects that may seem light. Fortunately protection of remaining properties is a priority, lawyers give input on whether one will be able to keep various properties they own including home, property, business and the likes after you file. As bankruptcy is a big legal step, lawyers provide one with information on the consequences of filing for bankruptcy and in general lead an individual on the legal procedures.