Bankruptcy Lawyer - To Use One or Not?

If you are tempted to file bankruptcy on a pro se basis, make sure you understand the benefits of hiring a bankruptcy lawyer. You may find that the initial cost far outweighs what you stand to lose by representing yourself.

Filing pro se seems tempting when you need to file Chapter 7 or Chapter 13. After all, when you have no money left, paying thousands to an attorney seems impossible. The truth is, however, that the filing process is complicated and filled with places where you can make a mistake. You will be in far better shape by hiring a bankruptcy lawyer than trying to tackle the process without representation, and here’s why.

Lawyers Protect You From Creditors

Under current debt collection laws, your attorney provides you with a measure of protection against the collection tactics your creditors may wish to use. Once you have retained legal counsel, your creditors cannot contact you anymore. They must contact your attorney instead. This peace of mind alone is worth a significant financial investment, and stopping those calls allows you to focus on the filing process instead of the debts as they stand.

Lawyers Limit Mistakes

The filing process has quite a bit of paperwork, and knowing how to fill out that paperwork requires some experience, especially when it comes to outlining your assets and protecting those that are protected under your state’s debtors laws. A bankruptcy lawyer has years of experience with this paperwork and can quickly and easily guide you in filling it out, or even fill it out on your behalf. This limits the possibility of mistakes that lead to having your case dismissed.

Lawyers Take Away Some Stress

The filing process is stressful, as is the financial situation you find yourself in. Limiting some of that stress whenever possible is going to give you significant peace of mind. Hiring a bankruptcy lawyer allows you to put aside your worries about making a mistake, misstating something on your forms, or having your case dismissed on a technicality. They also remove the stress of physically filling out the forms. You will still need to take the time to figure out your assets and provide the contact information for your creditors, but some of the busy work is handled in the office.

Lawyers May Save You Money

There is much about filing that you may not know that could end up saving you money. For instance, if you have very old credit card debts, they may no longer be chargeable due to your state’s statute of limitations. If you don’t know this, you could end up paying back those debts even though you don’t have to. Also, many assets, like your home or car, can be protected under your state’s laws, but only if you list them properly on the forms. An attorney will help you understand these things, and this can save you money in the long run, even with the filing costs.

Not only that, but if you file pro se and your case is dismissed, you will have to pay the filing fees again if you wish to have the case reopened. Again, hiring a bankruptcy lawyer helps limit this possibility.

Even though the cost may seem high at the outset, the simple fact is that hiring a bankruptcy lawyer simply makes sense, both financially and in the amount of stress it will relieve. Before you begin filing, consider hiring legal counsel to make the process go smoothly.

Article Tags: Bankruptcy Lawyer, Filing Process

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