You Might Harm Family And Friends
When you file bankruptcy, the trustee has the right to avoid certain transfers of property.
This means the trustee:
- Can get back any money that you have used to help out friends or family
- May also be able to get back property that you have sold
- Can use these powers for up to 6 years before the day you file your bankruptcy
Still think its a good idea?
Filing Chapter 7 Bankruptcy Without A Lawyer: What Could Go Wrong
If you choose to file bankruptcy on your own, without the guidance of a Milwaukee bankruptcy attorney, you risk losing valuable assets which you may otherwise have been able to keep.
You may also be required to pay certain debts, which your local bankruptcy attorney could have helped you to avoid. If you fail to properly file Chapter 7 Bankruptcy you may be forced to file for Chapter 13 Bankruptcy instead, which would require you to make payments for the next three to five years.
The least you can do is learn what you MUST know about filing for bankruptcy before risking your assets by filing alone.
What Is Pro Se Bankruptcy Filing In North Carolina
In North Carolina, or anywhere else in the country, individuals dont have to hire a lawyer in order to declare and file for bankruptcy. A registered entity such as a corporation or LLC would need a lawyer. Individuals can choose pro se.
You are allowed to fill out the appropriate bankruptcy forms on your own. You then file those forms with the court by yourself. And you defend any challenges to your filing yourself.
The government provides the paperwork online for anyone to use for free. Some of the forms are quite straightforward. Youll list your personal details and disclose your financial situation. Many of the forms, however, are much more intricate.
To maximize the relief available, it may require knowledge of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the local rules of the District the case is being filed in, precedential caselaw, and North Carolina statutes.
That seems simple enough. Youve probably filled out plenty of government forms, from your taxes to the census to a voter registration card. Once you look at the full extent of the digital files youll need to download, answer accurately, and submit correctly, you may reconsider.
You should think carefully before you file bankruptcy without a lawyer. Namely, there are numerous risks to pro se bankruptcy filing and many advantages to hiring a bankruptcy attorney.
Talk To An Experienced Bankruptcy Attorney Today
When you are struggling financially and want to file for bankruptcy, you need an experienced bankruptcy lawyer who will hold your hand and guide you in the right direction. You need someone who understands the principles of bankruptcy law and how they interrelate.; Working with a general practitioner can be a costly mistake.
At Legal Giant, we care about you and want to help you overcome the financial challenges as fast as possible so you can focus on getting your financial life back on track again. Talk to us today and let us help you get the debt relief you deserve!
Can I File For Bankruptcy Online In 2021
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In a Nutshell
When you are hit by a sudden financial shock and need a fresh start, you naturally ask – can I file for Chapter 7 bankruptcy online? In this article, weâll explain the different options for filing for bankruptcy online and the pros and cons of each.
You live a lot of your life online. You do your taxes online with Turbotax and diagnose medical problems online with WebMD. If you’re facing a wage garnishment or repossession, youâre probably wondering if you can file Chapter 7 bankruptcy online. The answer is, âmostly, yes.â
The Chapter 7 and Chapter 13 bankruptcy process involves
filing them with the bankruptcy court, and
attending a â341 meetingâ with the official overseeing your case.
Also Check: How To File Bankruptcy In Iowa For Free
Speak With A Bankruptcy Attorney In Cary Nc
Realizing your personal finances cant be fixed without drastic steps is difficult. Filing bankruptcy pro se may feel like a smart financial choice, but dont make the mistake of trying to work through your bankruptcy on your own. It could end up costing you way more in the long run. Contact Sasser Law Firm instead.
Our three board-certified bankruptcy specialists are happy to discuss representation on cases that you think are straight forward and also cases that are difficult.
If you file and need to appeal an adverse decision, we may be willing to represent you on that fight as well. All initial consultations are with attorneys as opposed to a paralegal or legal assistant.
Were transparent about our fees, so you dont have to worry about hidden costs or unexpected bills. If you need to file for bankruptcy, our experienced bankruptcy lawyers can be valuable. Get in touch with us at Sasser Law Firm today to schedule a free consultation. Were available in person and by phone.
If You Have A Complicated Chapter 7 Bankruptcy
Filers don’t have an automatic right to dismiss a Chapter 7 case. If you make a mistake, you risk having your case thrown out, your assets being taken and sold, or facing a lawsuit in your bankruptcy case to determine that certain debts shouldn’t be discharged. So if you own a small business, have income above the median level of your state, have a significant amount of assets, have priority debts, or have creditors who can make claims against you based on fraud, you’ll likely want a lawyer.
Recommended Reading: How To Find Out If A Company Filed Bankruptcy
When You Might Not Need A Bankruptcy Attorney
If you have a simple Chapter 7, you will have a better chance of completing your case without a bankruptcy lawyer. The hallmarks of a simple Chapter 7 would include a:
- household income below your state’s median income level
- little or no property
- no recent property transfers or payments to preferred creditors , and
- your creditors aren’t likely to dispute a debt.
But keep in mind that even filing a simple Chapter 7 bankruptcy requires a fair amount of time and research on your part. If you want to complete your case, obtain a discharge, and not put any of your property at risk, you have to:
- accurately fill out several bankruptcy forms and schedules
- learn how bankruptcy laws work
- research your state’s exemptions, and
- follow all the rules and procedures necessary to complete the bankruptcy process.
How Property Complicates Bankruptcy
Your debt may initially seem like the biggest complication, and it can be a serious issue if your creditor challenges the discharge, but it isn’t always the biggest concern. The real issue may have more to do with the type and the value of assets.
No debtor in bankruptcy is left with nothing at the end of a case. In every state, a debtor is allowed to keep a certain amount and value of assets needed to get a fresh start. These are called exemptions, and the amounts differ from state to state.
These are called exemptions because the property is exempt from the reach of the court, the trustee, and your creditors.
Exemptions work differently in Chapter 7 than in Chapter 13. If you file a Chapter 7 bankruptcy case while you own property that is not exempt, your trustee can take that property, sell it, and use the money to pay your creditors some of what you owe them. If you have non-exempt property when you file a Chapter 13 bankruptcy, you can keep it, but the value of the assets could be considered when establishing your payment plan.
If you dont have much more than the furniture in your house and a car or two, it might not be too difficult to keep your propertythe key is to carefully list everything you own at a reasonable value. These exemptions vary by state, so this is another area in which your ability to research legal issues will be vital.
Read Also: Can You File Bankruptcy On Your Own
Anyone Can File There Own Bankruptcy
Yes, you can successfully file for bankruptcy without an attorney. However, it may still be worth it to hire a qualified attorney in a simple Chapter 7 bankruptcy filing, since you still need to spend a great deal of time researching bankruptcy laws, deciding how they apply to you, gather your financial information, and attend court. An attorney can easily and quickly guide you through this entire process, answering your questions when needed, and guaranteeing that your debts get successfully discharged . An attorney will also make certain you will not need to declare bankruptcy again by providing you with specific guidance before, during, and after you file.;
Filing The Chapter 7 Bankruptcy Petition Yourself
When you file your Chapter 7 bankruptcy petition yourself, you will need to either mail the petition to the Court or personally deliver it to the Court. The court offices are now open daily to receive bankruptcy filings. You will pay the court fees when you file.
While attorneys are required to file bankruptcy petitions electronically when you file your bankruptcy yourself, you are permitted to file it in paper format on official bankruptcy forms. You should call the Court to ask how many copies to bring with you.
When you file a bankruptcy petition yourself, the court fees are the same as that charged when an attorney files a case for you. The Chapter 7 petition fee is $338 unless you qualify for and apply to have the fee waived. Information about obtaining a waiver of the filing fee can be found here Waiver of Filing Fee. Again, it is ill advised to use a bankruptcy petition preparer to help you with this debt relief project.;
Attend a Meeting of Creditors with a Bankruptcy Trustee
After you file your Chapter 7 bankruptcy petition, the Court will see that a bankruptcy trustee appointed to your case will oversee your case and your creditors will be notified of your bankruptcy filing. You are required to send a copy of your statement of intent if you have secured debts to the creditors yourself. The Court will not send this document for you. The trustee will ask you about this at your meeting of creditors.
Documents Required to be Provided to the Trustee
Also Check: What Is A Bankruptcy Petition Preparer
Advantages Of Having An Attorney On Your Side
Reasons why you should not file bankruptcy without a lawyer for you:
Representation: A good representation in the court in front of a judge is very important as one needs to convince the judge to take a decision in your favor. When you choose yourself the best;San Diego bankruptcy, attorney for you then you assured that they will put your case in the best possible way. These people have the knowledge and experience to do that.
Harassment: The first and the major benefit you will feel after becoming successful bankruptcy is that no one can threaten you anymore. As you will be protected legally according to law. Harassment is very common and we know how frustrating it can be. Thus file bankruptcy successfully by choosing the best bankruptcy for you.
Expertise: A bankruptcy lawyer in San Diego is an expert and has the knowledge to handle bankruptcy cases for you. Our lawyers have worked for a long time in this field and solved cases. Thus choose a professional bankruptcy lawyer for you to get an expert opinion.
Also to get out of debt San Diego you must have the knowledge of many things which you will obviously not have. But a professional San Diego bankruptcy attorney is someone who can help you in the best possible way.
The following are some benefits of having a professional bankruptcy attorney San Diego for you. Bankruptcy Law Center is a professional law firm in San Diego whose lawyers will be able to help you in the best possible way to file bankruptcy for you.
When You Definitely Should Not File On Your Own
Chapter 13 bankruptcy
You most likely need an attorney when filing Chapter 13, since it involves complex processes that are really difficult to navigate on your own. Declaring Chapter 13 involves creating a plan of how you will pay back the money you owe the debtors which the court will then approve. Its very time-consuming to make this plan unless you have expensive financial software that many attorneys own to make creating this payment plan much faster and easier.
Chapter 13 cases filed without an attorney often get dismissed by the court. Chapter 13 cases are so difficult to file properly that the court may not even look at filings that were not prepared by a lawyer. Many attorneys avoid taking on Chapter 13 cases as the laws and procedures are so nuanced and challenging to apply. Be sure to check your attorneys track record in Chapter 13 cases to determine whether theyll help get your case discharged. Therefore, paying for a qualified attorney can help you get out of debt in these complex scenarios by actually ensuring your case gets discharged.
Read Also: How To Get A Car While In Bankruptcy
Official Form: 106 Personal Property
The bankruptcy petition includes a long and detailed list of different categories of personal property that must be listed. Some of the property is self-explanatory. Some are not.
It is mandatory to list any cash on hand, including cash kept at home safely or in a safe deposit box. Bank balances on the date of filing must be listed, and proof of the amount in the account provided to the trustee. Checks that have been written but not cleared may not count in most cases. Money owed to you must be disclosed even if you dont expect that youll ever be able to collect it.
Household goods and furnishings have to be listed in enough detail so that the trustee can determine whether or not an exemption protects each item of property that you own. Therefore, there should be a detailed listing, along with the current value of the property as well.
Books, pictures and art objects, coin collections, and other collections must be disclosed along with their current value. Sometimes, its appropriate to get an appraisal for these items if necessary or helpful to accurately understand their value.
Firearms sports equipment and other hobby equipment must be listed with the current resale value. Firearms often get special attention from trustees because the values of these items have increased recently.
Annuities and Retirement Plans.
Stocks bonds and interest in business.;
Although You Can File Chapter 7 Or Chapter 13 Bankruptcy On Your Own It Often Makes Sense To Hire A Lawyer
By Baran Bulkat, Attorney
Unlike a business bankruptcy, an individual debtor doesn’t need an attorney to file for bankruptcy relief. But it’s not always a good idea to do so. Whether filing on your own will make sense will likely depend on:
- whether you’re filing for Chapter 7 or Chapter 13 bankruptcy
- the amount of your income and property
- the complexity of the matter, and
- whether you’re comfortable researching and handling your case.
Learn about the differences between Chapter 7 and 13.
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What To Do Before Filing Bankruptcy
Do contact an Ohio bankruptcy lawyer as soon as you think youre in trouble. Meeting with an attorney to discuss your financial situation will help provide the necessary knowledge and advice that you need to move forward and consultation is FREE. Too many people wait until the last minute, which can dramatically limit the number of options that are available to you.
Do be honest. Be forthcoming with your Ohio bankruptcy lawyer, as well as yourself about everything. It is imperative that you disclose everything and anything about your financial situation in order for it to be handled properly. Whatever information you tell your attorney, will stay with your attorney. If there is information that must be disclosed in bankruptcy papers, then your attorney will discuss this matter with you beforehand. The attorney-client confidentiality protects you from having unwanted information released. For example, if you have a house that is paid off or a big bonus from work that you do not want to discuss, your attorney will advise you as to whether this is information that you will need to disclose. It is far worse to hold information back and realize later on that you are under penalty or perjury for not sharing information.
Do continue to make payments on any vehicle that you want to keep. If you default on a payment, creditors have the right to repossess your vehicle without giving you notice.
Can You File For Bankruptcy Without An Attorney
The simple answer is yes. You are not required to have a lawyer to file for bankruptcy. In fact, in some simple Chapter 7 cases, you can easily file for bankruptcy on your own if you are willing to dedicate some of your time to research.
Representing yourself is usually referred to as pro se, which is a Latin phrase meaning for oneself or for ones own behalf.
Typically, the importance of a bankruptcy attorney largely depends on the complexity of your case and whether you are filing for Chapter 7 or Chapter 13 bankruptcy.
If you decide to file without the help of an attorney, you will be expected to follow these steps:
Recommended Reading: How Much Is Bankruptcy Chapter 13