Do You Need a Bankruptcy Attorney?
I recently wrote an article examining whether one needs a bankruptcy attorney to go through the bankruptcy process. I also discussed the dangers of low cost bankruptcy attorneys in a separate article. Unfortunately, there is no substitution and no shortcuts to using an experienced bankruptcy attorney to represent you.
What Are the Costs of Bankruptcy Representation?
The costs vary and you should consult with several bankruptcy attorneys in your area to get an idea of your options and costs. Most offer free initial consultations.
Dangers of Not Using a Bankruptcy Attorney
There are huge dangers for not using an attorney, or for using an inexperienced bankruptcy attorney. These dangers include failure to achieve a discharge of your debts, loss of assets, potential lawsuits for failure to properly list things in your bankruptcy papers--including suits against friends or relatives if you have transferred any assets to or repaid them within certain time periods, and many other factors that at the very least can greatly increase your costs.
See my list of factors to consider when hiring a bankruptcy attorney.
Low Cost Alternatives to Bankruptcy Lawyers
Your local bar association may have "low fee" or "modest means" referrals to bankruptcy attorneys who handle such cases. I would suggest looking into that if your other options prove to be too expensive.
As far as doing it yourself, it is never advised, although it is certainly possible if you learn all the relevant procedural rules and local rules of the courts in your jurisdiction.
See my article on the report from the US Bankruptcy Court of the Central District of California showing the extremely low success rates of those filing bankruptcy cases without an attorney.
Good luck whichever way you proceed.
_____
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.