QUESTION
Do I need to get an attorney when filing bankruptcy?
Asked on Oct 14th, 2013 on Bankruptcy - California
16 ANSWERS
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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Legally, no; but since you asked the question, you are obviously unfamiliar with bankruptcy law, and would be well-advised to consult with an experienced bankruptcy attorney before making a decision.
Answered on Oct 16th, 2013 at 1:22 AM
It all depends on how you define "need." Most people that represent themselves in a bankruptcy end up losing property that they could have protected if they had obtained representation, but some folks want to play lawyer and have to learn the hard way. No law requires you to hire an attorney to file bankruptcy.
Answered on Oct 15th, 2013 at 11:45 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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That is highly recommended.
Answered on Oct 15th, 2013 at 8:20 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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It is not required but it could make sense to do so. Statistically speaking, for example, Central District in California in 2011 reported chapter 13 failure rate for self-represented individuals @99%.
Answered on Oct 15th, 2013 at 2:09 AM
You can petition a bankruptcy yourself, but an attorney will certainly help.
Answered on Oct 14th, 2013 at 6:49 PM
Bankruptcy law is very complicated, and there a lot of procedures and rules involved when you file a bankruptcy case. Sometimes if you make a mistake when filing that mistake cannot be remedied unless you are an attorney. I highly recommend that you hire an attorney to prepare and file your bankruptcy case on your behalf so you can fully protect yourself and achieve your goals.
Answered on Oct 14th, 2013 at 6:30 PM
That is a very interesting question. Especially on a site where attorneys are going to give you an answer. In all honesty, there are some people who file very simple Chapter 7 bankruptcy by themselves and it works out. But I think, in many cases those are the minority. Bankruptcies can be very confusing and difficult. And the consequences of not doing it right are tremendous and costly. The old adage, "you get what you pay for", really is true in bankruptcy filings. Be careful out there.
Answered on Oct 14th, 2013 at 6:29 PM
2 Awards
While you do not need an attorney I highly recommend retaining one to navigate the complex process.
Answered on Oct 14th, 2013 at 6:28 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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You don't have to but it is recommended. Specially if you have assets.
Answered on Oct 14th, 2013 at 6:28 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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While not required, usually you will be better off if you do
Answered on Oct 14th, 2013 at 6:27 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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It is not required by law but would you remove your own appendix?
Answered on Oct 14th, 2013 at 6:27 PM
Deborah F. Bowinski
You are not required to have an attorney when you file bankruptcy. However, the laws are quite complicated and the information required for filing is extensive and detailed. Filing for bankruptcy is much more that filling out forms, and many people make very painful mistakes in filing without the benefit of legal advice and assistance. I have seen people lose their homes, their cars, their savings, etc. because they did not understand the consequences of filing. In order to protect what little you may own, it is well worth the cost of the legal fee to hire a competent and experienced bankruptcy lawyer.
Answered on Oct 14th, 2013 at 6:26 PM
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You are not required to have an attorney, but it is a very complicated process.
Answered on Oct 14th, 2013 at 6:26 PM
Bankruptcy Attorney serving Columbus, OH
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The Needleman Law Office
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You always have the right to go it alone. Beware that this is a paper heavy, time sensitive legal process and the chances of success are rare. I would recommend you seek a free consultation and make your decision after the meeting.
Answered on Oct 14th, 2013 at 6:25 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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I would hire a dentist to pull my teeth so consequently I would hire an attorney to file my bankruptcy.
Answered on Oct 14th, 2013 at 6:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is highly recommended. You can file on your own but it is not wise.
Answered on Oct 14th, 2013 at 6:20 PM