QUESTION

i filed student loan bankruptcy. the judge adviced me that it is my advantage if i have a lawyer though i can represent myself

Asked on Nov 06th, 2014 on Bankruptcy - Virginia
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Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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Yes, it is true you can file bankruptcy and represent yourself and do not legally need an attorney to do so, but with that being said it is not a smart choice to make. When you represent yourself pro se in any legal matter, you are expected to act and follow all the same rules as an attorney. With the judge in your case is attempting to tell you is, attempting to discharge your student loans in bankruptcy is a very technical procedure with exact criteria that need to be followed. Basically it would be a waste of time for you if you cannot analyze your situation yourself and determine if your situation actually falls within the criteria which allows a person to discharge all or part of their student loan debt. Just the drafting of the motion needed to be filed to you can be heard in court is a difficult motion to draft and should be done by an experienced bankruptcy attorney. The vast majority of bankruptcy attorneys do not even know how to file your student loans on bankruptcy and get them discharged, which it makes it even more important that you seek the help of an experienced bankruptcy attorney, not the cheapest one you find online. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://massachusettslawyeronline.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes
Answered on Nov 19th, 2014 at 10:13 AM

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