The bankruptcy process can be scary enough for many people and trying to represent yourself can add to that stress. Although many people are able to successful navigate the bankruptcy process without a bankruptcy attorney, the process can be much smoother with representation.
The problem is that the process is extremely detailed and requires full attention to detail. Many people miss simple items and make mistakes, which results in having their case dismissed rather than discharged. A bankruptcy attorney can be beneficial in many ways, maximizing the chances of successfully obtaining a debt discharge.
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The Process
The most common area of mistakes made by people representing themselves is failing to complete the necessary steps accurately. The bankruptcy petition requires numerous financial details and accuracy is of utmost importance. If any information is missing or inaccurate, the case may be dismissed and could be viewed as fraudulent. A bankruptcy attorney can ensure the paperwork gets completed accurately and with full disclosure. However, this also requires complete honesty on the part of the debtor. An attorney can make sure that the debtor completes the credit counseling course and files the necessary paperwork with the court. If there is any problems with the paperwork, an attorney can ensure corrections are made and the papers are promptly returned to the court.
A Mediator
Many people representing themselves are unaware of the requirements between themselves and their creditors. Once the case is filed, creditors must be contacted to be informed about the bankruptcy. If the debtor fails to notify the creditor, the case could be complicated and even delayed. An attorney acts as a mediator between the debtor and their creditors. Not only will the debtor benefit by not having to directly deal with the creditor or fend off collection attempts, the attorney will take care of any notifications and arrangements that need to be made.
Guidance
Proceeding without representation may save a small fee, but it won't help if bankruptcy is not the best option. Many people lack the knowledge to know whether they qualify for a less intrusive measure of debt relief, or whether they would even qualify for the bankruptcy. An attorney can review the financial situation and help the debtor determine if bankruptcy is truly their best option. They can also help the debtor determine if their debts qualify before they go through the hassle of filing the paperwork.
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