Wednesday, April 2, 2014

Do I Need a Lawyer to File Bankruptcy?


Filing Bankruptcy


            The federal law allows individuals to file bankruptcy on their own, without a lawyer.  If you reside in Georgia you can go to the 13th floor of the Russell Federal Office Building in downtown Atlanta, and someone in clerk’s office can help you.  However, this is almost never a good idea.  If you are going to take the huge step of filing a bankruptcy, then it is critical that you also do it right so as to gain the benefits of the filing.  Proceeding on your own poses great risks.

            First, without a lawyer the timing of your case may be all wrong.  You may fore-go certain rights by filing too soon or too late.   Only a skilled lawyer can help you plan accordingly to maximize the benefit of the case.

            Secondly, without a lawyer, the case may not succeed due to the intricacies of filing a 50-page bankruptcy petition.   Federal laws, state law exemptions, Section 341 meetings of creditors and unfamiliar words and forms await at every turn.
           The final reason to engage an attorney is probably the least noticeable.   In order to succeed in a bankruptcy, you must impress and convince a trustee and a judge that your case is for real.  Experience shows that most pro se (unrepresented ) filers simply do not file the proper papers.   The judges and trustees sometimes make assumptions that pro se filers will probably not succeed, and they create presumptions against them.  However, a firm like the Slomka Law Firm has the opposite effect.   Our cases are carefully researched and filed and the trustees and judges assume that the case will succeed.  By filing with us, you gain the benefit of thousands of prior cases.

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