Should I Get a Bankruptcy Attorney?


Each year, the number of people filing for Consumer Bankruptcy increases. Bankruptcy is a way to help families get a fresh start and rid themselves of the mountains of debt that prohibit them from experiencing a normal quality of life. There are many reasons that lead people into insolvency, such as medical debt, overspending on credit cards, employment loss and loss of home equity, just to name a few.

While investigating if filing for Bankruptcy is the right decision for you and your family, many will ask themselves if a Bankruptcy can be filed without the assistance of an attorney, in order to save money on the attorney fees. The short answer is "yes". But individuals who journey down this path must proceed with caution.

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The rules established by the Bankruptcy Court are available for all to view either online, in books that can be purchased from a book retailer or found in the local law library in your town. But interpreting these rules is not easy and will be time-consuming. And, further, if you have never reviewed this type of material before, it can be quite confusing.

When you seek legal assistance from an attorney, you are asking for their knowledge in the application of the Bankruptcy rules to your certain circumstance. A book or online forum about Bankruptcy will not be able to provide you with that level of custom assistance. Additionally, if you rely on a book to provide you with all the steps to follow when filing a bankruptcy, how can you be sure that the information is applicable to your district? The rules of the Bankruptcy court may and do vary between regional courts, and if you make a mistake in your filing, the results can be financially disastrous.

When you use an attorney to file your bankruptcy, their job is to properly prepare your Bankruptcy Petition, ensuring that your total financial picture is disclosed to the trustee so that you can maximize your exemptions and keep the maximum amount of property possible. Moreover, the Bankruptcy Attorney will guide you through the entire filing process, the 341 hearing and any post-petition filings, protecting your legal rights.

If you file your own bankruptcy petition, it will be up to you to make sure that all documents are completed and filed timely, answer any objections from the trustees or creditors and follow-up to make sure the Bankruptcy is discharged correctly. The amount of time and effort can be mitigated through the use of a Bankruptcy attorney, and can be a good investment for your financial future.


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