Friday 11 January 2013

What are the Hazards Involved in Filing Chapter 7 Bankruptcy Without an Attorney?

Recent statistics have thrown light over the fact that about 9 percent of the Chapter 7 bankruptcy cases filed are done without hiring an attorney. For a majority of the procedure involved in filing the suit, without the attorney, it is noticed that clients are using paralegal or typing services. But, they are not allowed to advice you legally. All that they can do is to type the forms involved and charge a maximum of $200 for the service. 

Filing for a case where you represent yourself is not that easy. You don't have the legal know how on how to go about dealing with the situations. Even a complex case of Chapter 7 bankruptcy can be handled better if a California bankruptcy lawyer is involved.

Underneath are listed some of the problems faced by individuals while filing bankruptcy without taking aid from an attorney. They are:

Prebankruptcy Analysis:
  • No need for filing a suit: Some people lack the basic know how on the purpose of filing a suit for bankruptcy. They don't have a clear understanding of what all is involved in filing a case and what impacts can this have on their lives.
  • Lack of legal know how: People lack the basic knowledge on which chapter of bankruptcy to file on. Basically there are two chapters involved, Chapter 7 and Chapter 13, but both vary and have important differences. You should therefore have a proper know how on which one to file under, as a wrong choice may land you in losing valuable property assets or you might not be able to discharge certain debts.
Paperwork Disabilities:
  • Failure of filing proper documents: Recent findings throw light over the fact that self-represented cases lack proper filing of documents. Copies of the original bankruptcy forms are available online and you can get those printed for your filing convenience. But, many courts have their local rules and forms. So, it is advisable for you to check out the local courts for your benefit as well.
  • Choice of inappropriate property exemptions: Chapter 7 and Chapter 13 deal a lot with property exemptions. Common state and federal exemptions are available on the Net, but it is advisable to go through the current state law exemptions as well. Filing on your own involves all these considerations to be taken into notice by you.
  • Credit counselling and financial management are not the same: Chapter 7 and Chapter 13 require you to receive credit counselling from an approved jobholder before filing the suit. You also have to undertake a financial management course before getting a discharge. There is a common failure to understand these legalities and produce the appropriate certificate. This can lead to a situation where your petition can get dismissed or you might not get a discharge.
Easier said than done, filing for bankruptcy on your own involves a lot of risks and hazards. This calls the need for you to contact a San Jose Chapter 7 Bankruptcy Lawyer for all the legal assistance. There are some more hazards involved which can be best explained on taking the appropriate advice from experienced professionals. 

Attorneyforbankruptcy.com is a leading law firm of California where you can hire most experienced san jose chapter 7 bankruptcy lawyer and tax attorney san jose.

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