You can control your finances in order by filing for bankruptcy. However, since a bankruptcy filing entails legal issues, it might be difficult to go through the bankruptcy procedure alone. Here are some guidelines for determining if you require the services of a bankruptcy attorney and what to anticipate.
What Does a Bankruptcy Lawyer Do?
A bankruptcy attorney focuses their practice on providing legal counsel to clients who are considering filing for bankruptcy. They also drafted legal paperwork on behalf of their clients and represented them in court. A lawyer must have a law degree and be admitted to practice in the state where they conduct business.
An attorney can provide guidance on issues like these as your navigator through the bankruptcy process:
- A bankruptcy filing decision
- how to file for bankruptcy
- How the bankruptcy procedure functions
- Which forms from the court need to be filled out?
- Which debts can be lowered or eliminated?
- When the bankruptcy process is through, you’ll be able to keep your house, car, or other possessions.
- In general, a bankruptcy attorney can point you in the appropriate judicial direction.
Do I Need a Bankruptcy Lawyer?
Depending on the form of bankruptcy, filing for bankruptcy might affect your credit report for seven or ten years. As a result, consulting a bankruptcy attorney is crucial. Here are three explanations on why you might need one:
- You don’t feel comfortable handling the bankruptcy case by yourself. Being in court on your own might be intimidating; a bankruptcy attorney can handle the legal issues on your behalf.
- Your concern is with the papers. There are usually numerous papers involved in court trials. For instance, submitting documentation beyond the due date or filling it out wrong could damage your bankruptcy case.
- The bankruptcy lawyers may manage all of the paperwork, including any required submissions of documents (such as credit card statements).
You’ve had enough of debt collectors’ calls. A bankruptcy lawyer can handle debt collectors if they are bothering you nonstop. When you inform a debt collector that you have legal representation, the collector is supposed to speak to the lawyer instead of you.
Consider applying for free legal services in your area if you can’t afford to employ a bankruptcy attorney. You can easily file for bankruptcy without a lawyer. How? Read on.
1. Schedule a credit counseling session
Remember that before you may file for bankruptcy, federal law requires you to attend credit counseling from a provider that has been approved. Prior to declaring bankruptcy, this must be completed within 180 days. You’ll be given a certificate once the credit counseling session is over that you must include with your bankruptcy file.
2. Complete the bankruptcy forms
Once you’ve decided which sort of bankruptcy you’re going to file for, you need to complete a court form called a Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101). Your name, address, Social Security number, an estimate of the value of your estate planning, assets, and liabilities, as well as the types of debt you have, are among the details requested on this eight-page form.
An important decision is to file for bankruptcy. A bankruptcy filing, after all, stays on your credit report for seven to ten years, depending on the type of bankruptcy.
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