Filing bankruptcy “Pro Se” versus through a bankruptcy attorney

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Filing bankruptcy “Pro Se” versus through a bankruptcy attorney

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Just the fact that you may be considering filing for bankruptcy means that you must be under financial pressure and strapped for money. So the thought may have occurred to you that in order to avoid paying fees to a bankruptcy lawyer, you may be able to file for bankruptcy by yourself.

According to US bankruptcy law, representing yourself when filing bankruptcy is considered going “Pro Se”. Although this certainly is an option and a way to save paying fees to a bankruptcy attorney, you should be extremely cautious before taking this route.

Firstly, you must do a lot of research on U.S. bankruptcy law before you even determine whether you are eligible to even file for bankruptcy. Then you must determine whether your case should be filed under a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. It is important to determine how these two chapters vary and how to file bankruptcy under the correct chapter.

Once you’ve determined which route to take in your bankruptcy, it should be noted that there are approximately over 20 various different forms or paperwork that need to be completed. Also bear in mind these forms are written in legal jargon that needs to be correctly interpreted.

Once you have completed the paperwork, a mistake could cause creditors to challenge our debts causing some debts to not be included in your chapter 7 bankruptcy or your Chapter 13 bankruptcy. Other mistakes could lead to your losing valuable assets, like even possibly your home and of course the worst thing that can happen is your entire filing for bankruptcy could be dismissed.

It should be noted that going “Pro Se” should only be an option when you have very few debts and a relatively simple case, plus you have ample time to do all your proper research and complete all your forms correctly. However bear in mind that they are actual filing fees that have to be paid to the court hence your file for bankruptcy is not entirely free.

If on the other hand you want to be certain that your bankruptcy will go smoothly you should retain the services of a professional licensed bankruptcy attorney. Only bankruptcy attorneys have the knowledge skill and know-how to properly and accurately handle your case.

It might surprise you to know that most bankruptcy attorneys understand your situation. They know you are under financial burdens and most of them are willing to work with you to collect their retainer fee.


About the Author:
Jay King is a owner of We’ve all heard of large companies filing for bankruptcy or “going bankrupt” and most of us would think that particular company must be in trouble.
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