In this technology driven world there has been a huge interest in do-it-yourself bankruptcy online. Sure, it sounds like a good idea because the person filing for bankruptcy doesn't have a lot of money to spend. Over the last 10 years with the growth of the Internet has come a large number of websites offering do-it-yourself resources from a downloadable bankruptcy petition with instructions all the way to document preparation service that prepares the entire bankruptcy petition and sends it back for the individual to file. What happened to the good old days when people would just hire a bankruptcy attorney and get it done right? If you are sick, would you look up a treatment online and proceed? Or would you go to a doctor and use their years of expertise to heal your ailment?
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I think most people would take the latter because your health is nothing to mess around with. But can't the financial matters of your household be considered your financial health? If you're considering filing for bankruptcy your finances are obviously sick and need to be treated. The problem is, many people think they can go it alone until they get halfway through the process and hit a wall. Prior to the changes to the bankruptcy code back in 2005, there were a lot less land mines that might be stepped on when filling out a bankruptcy petition. Back then filing Chapter 7 bankruptcy was pretty straightforward. With the changes in addition of the means test which qualifies an individual to file Chapter 7 and pre-bankruptcy credit counseling and post-bankruptcy financial management courses. All of this put a lot more responsibility on the debtor to be successful in getting a bankruptcy discharge.
While it is legal and still possible to file bankruptcy on your own, it just is a wise in this ever changing legal process. When you're talking about your family's financial well being and unless you really know what you're doing it would be like doing surgery on yourself. All someone really needs to do is consider the actual cost of hiring a bankruptcy attorney and paying the filing fees and compare that with the amount of debt that is being wiped out and the property that gets protected by the bankruptcy exemption laws. Without the experience of a bankruptcy attorney things might get left on the table causing them to be lost to the bankruptcy estate. The attorney will know what's acceptable when using the bankruptcy exemptions and how to price the property within the limits of the bankruptcy code. For someone that tries to file on their own they might find themselves trying to impress the bankruptcy trustee in valuing their property or not even reporting it.
Either way the bankruptcy trustee will have many questions to be answered from this individual. This is where the difference really shows itself. On one side we have the pro se filer getting grilled by the trustee for mistakes on the bankruptcy petition and on the other side we have an individual that is standing beside their bankruptcy attorney with a properly filled out bankruptcy petition and already being aware of what to expect in the meeting of creditors or 341 meeting. All you have to do is weigh the pros and cons taking into consideration the risks of going it alone to save yourself a few thousand bucks or less.
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