While laws vary depending on the state, individuals seeking bankruptcy protection have the choice of representing themselves. Going to court pro se, however, can potentially turn an already stressful situation into a disaster for the debtor. Due to the complexity of the laws, the requisite knowledge of codes and procedures, and the emotional stake the debtor has in the outcome, the best course of action is to hire a qualified bankruptcy attorney to get the job done right.
Individuals, unlike corporations and business partnerships, have the option of filing for bankruptcy protection pro se, or without an attorney. One misstep during proceedings, however, can cause a case to be dismissed, negatively impacting the debtor’s right to re-file the case or otherwise gain protection from creditors. It is a crime to commit bankruptcy fraud, whether or not one is aware they have done so. With a bankruptcy lawyer, all steps are taken in complete accordance with the laws governing the debtor’s situation. Even without making mistakes during the process, you have the potential to omit serious debts that could have been eliminated if you worked with an attorney.
After reviewing the financial situation of the debtor, the attorney decides if filing is unavoidable and, if so, whether chapter 7 or chapter 13 bankruptcy protection is appropriate. Taking immediate action, an attorney draws up the petition to submit to the court, providing a measure of protection from creditor harassment. Throughout the process, the debtor is apprised of the expected time frame for each step and how much it’s going to cost. Additionally, the debtor gains peace of mind knowing that their attorney has the expertise necessary to win them a fresh start.
It is important for individual filers going through the process alone to know that they are fully expected to abide by the rules of both federal and local courts. Familiarity with United States bankruptcy code and rules governing procedure is assumed of all pro se litigants – regardless of whether or not they actually are. In this case, the saying ‘what you don’t know can hurt you’ was never truer. Ignorance of the laws and procedures is no excuse, and it commonly results in a dismissed case at least, and at worst, long-lasting financial consequences.
Although not required by law, hiring a bankruptcy attorney is the first step an individual should take if debt begins to spiral out of control. If money is an issue, free legal representation may be an option. Many attorneys are able to provide flat-fees for services relating to bankruptcy filings as well as initial consultations which may not be as complicated or expensive as many believe. While self-representation is a hallmark of a free society, it is best to leave the matter of personal bankruptcy in the hands of a legal expert.
Reproduction permitted only when all active hyperlinks are included. 2010 All Rights Reserved.
Distributed by SEO 2.0 Services.