QUESTION
Do I need a lawyer to file for bankruptcy?
Asked on Oct 08th, 2010 on Bankruptcy - California
5 ANSWERS
I highly recommend that anyone contemplating filing any type of bankruptcy first consult with a Certified Specialist in Bankruptcy Law (like me) for free.
You have nothing to lose, and everything to gain.
It is not legally required that individuals hire a bankruptcy attorney to represent them, but it is a very good idea. Corporation and LLC MUST have an attorney represent them if you are going to file bankruptcy.
Here is an answer to your question from a California Bankruptcy Court website, http://www.cacb.uscourts.gov/ :
Are all Debtors and Creditors Required to Have an Attorney?
Business Debtor - A corporation, partnership, or unincorporated association may not file a bankruptcy petition or other court documents, or appear in court, without an attorney. See Local Bankruptcy Rule 2090-1(g)(1).
Individual Debtor or Creditor - An individual debtor or creditor is not required to have an attorney in order to file a bankruptcy petition, file other documents, or represent themselves at court hearings. This is true regardless of a chapter 7, chapter 11, or chapter 13 bankruptcy case. However, it is difficult for an individual to be aware of and protect all rights without the assistance of a competent bankruptcy attorney.
Answered on Oct 13th, 2010 at 1:08 AM
Estate Planning Attorney serving Pompano Beach, FL
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Barbara Seeley Curtis
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PLease call for free consultation. You need a lawyer.
Answered on Oct 11th, 2010 at 7:08 AM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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You do not need a lawyer to file for bankruptcy. However, the process is not simply filling out forms. Proceed with caution.
Answered on Oct 10th, 2010 at 12:53 PM
Not technically, but it would be unwise to do without proper advice and consultation.
Answered on Oct 08th, 2010 at 9:23 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Some cases are routine, but others are not. A typical Chapter 7 case takes less work than a typical Chapter 13 case, which, in turn, takes less work than a typical Chapter 11 case. If bankruptcy were so easy, bankruptcy attorneys would not need malpractice coverage or would pay very low premiums. It is noteworthy that Bankruptcy attorneys generally charge higher hourly rates than other types of attorneys. Only an experienced lawyer can recognize which case is routine and which is not. If you file your own bankruptcy, you take the chance that you will miss crucial issues in your case. Some percentage of cases filed by the debtors themselves do not have any problems though.
Answered on Oct 08th, 2010 at 7:54 PM