Who Needs an Attorney for Personal Bankruptcy?

Many people choose to represent themselves when they file bankruptcy because they think they cannot afford to hire a personal bankruptcy attorney.  Unfortunately this decision often costs debtors much more than they would have paid a bankruptcy attorney. 

Why Hire A Bankruptcy Attorney?

Unless you are a bankruptcy attorney or a bankruptcy paralegal, you need a bankruptcy attorney.  If you are like most people, you arrived at the decision to file bankruptcy after much soul-searching and probably as a last resort.  You chose to file bankruptcy because you absolutely need the fresh start afforded by the Bankruptcy Code. 

So, why would you risk that fresh start by representing yourself.  If you choose to represent yourself in your bankruptcy and you don’t have the necessary legal skills and knowledge to obtain the desired outcome, it’s really no different than having your dog groomer perform life-saving surgery on your ten year old daughter.  You want a person with the most knowledge and skills to handle particular tasks, including your bankruptcy.  It doesn’t matter that there’s lots of information available on the Internet.  There simply is no substitute for an experienced bankruptcy attorney. 

Hiring a bankruptcy attorney is a worthwhile investment.  It’s an investment in your financial future.  Hiring a bankruptcy attorney is the best way to ensure that you get the most favorable outcome possible – a discharge. 

What Will a Bankruptcy Attorney Do that I Can’t Do Myself?

A bankruptcy attorney performs a variety of tasks for his clients, including drafting and filing the bankruptcy petition and schedules and representing the debtor throughout the process.  This sounds very simplistic; but bankruptcy is a complicated process and involves lots of attention to detail, careful examination of the debtor’s finances, and careful planning.  Following is a list of the tasks a bankruptcy attorney typically accomplishes in a routine bankruptcy case: 

• Interview/case evaluation;
• Review of documentation;
• Assisting client in obtaining pre-bankruptcy counseling;
• Analysis of legal issues;
• Review of auto and homeowners insurance policies;
• Drafting and filing the bankruptcy petition;
• Drafting and filing the Chapter 13 plan, if necessary;
• Addressing any litigation which may be pending against the client at the time he files bankruptcy;
• Representing the client at the Meeting of Creditors;
• Assisting the client in obtaining pre-discharge counseling;
• Addressing trustee and creditor objections;
• Representing the client at the confirmation hearing (Chapter 13 cases only);
• Defending the client in actions filed by his creditors incidental to the bankruptcy;
• Reviewing Proofs of Claim filed by creditors;
• Advising the client on reaffirmation, redemption, and surrender;
• Analyzing lien avoidance options; and
• Final case review in anticipation of discharge. 

Getting Legal Help

It is not unusual for bankruptcy cases filed by debtors representing themselves to be dismissed as a result of basic errors stemming for a lack of knowledge.  Therefore, if you are contemplating bankruptcy, you should hire a bankruptcy attorney.  A bankruptcy attorney will work zealously to help you get the fresh start you deserve.