Can I File for Bankruptcy Without a Lawyer?

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When you decide that it is time to file for bankruptcy, you are likely at the point where you want to cut costs wherever possible. Many individuals wonder whether they can file for bankruptcy without a lawyer, either to maintain a sense of privacy or to save money on legal fees. While it is technically allowed, it is not recommended as legal professionals provide a wide range of benefits. For more information and legal advice, contact a Bergen County bankruptcy lawyer to schedule your free consultation today.

Can I File for Bankruptcy Without a Lawyer?

Yes, it is possible to file for bankruptcy without a lawyer by filing “pro se,” meaning for self or on one’s own behalf. It may seem appealing to file without a lawyer to save money on legal fees and maintain control over your case. However, even if forgoing representation provides some immediate relief, it will likely be detrimental to your financial situation in the long run.

Why Should I Hire a Lawyer When Filing for Bankruptcy?

Although filing for bankruptcy without an attorney may seem cost-effective, it is never recommended to take on this task alone. Bankruptcy law and the process required are extraordinarily complex and have a variety of risks and potential pitfalls. Making even a minor mistake could yield detrimental results.

Below are some of the main reasons why it is important to hire a lawyer when filing for bankruptcy.

  1. Bankruptcy law can be confusing, and there are different chapters you can file under depending on the details of your situation. Your lawyer will evaluate your case and determine which route is best for you.
  2. Bankruptcy cases require extensive forms and strict schedules. Small errors, omissions, or missed deadlines could lead to your case being dismissed or delayed, or you could even be charged with fraud. Your attorney will help you complete and file forms properly to avoid unnecessary issues.
  3. Your lawyer can also help you understand exempt versus non-exempt assets and advise you on whether you will be able to retain possession of your home, car, or other property to help you avoid losing valuable assets.
  4. Because the U.S. Bankruptcy Code is complex and everchanging, your lawyer can explain the laws and procedures to you, interpret the code, and apply the regulations to your case to ensure you are meeting all requirements.
  5. There are various legal implications for every decision that you make. Making mistakes like failing to disclose all debts or assets, filing under the wrong chapter, missing deadlines, etc., could result in significant consequences, which your attorney can help you avoid.
  6. During this process, you must also meet with creditors and respond to their claims. This process can be challenging to navigate, but your lawyer can help with communications and provide you with legal protection throughout the process.

Your bankruptcy lawyer will be able to guide you through most aspects of your case and advise you on how best to protect your rights and future. While you have the right to represent yourself, it is always worth it to first consult with a legal professional. Contact an experienced attorney to set up your free consultation today.