Filing for bankruptcy is a major decision, one that can be accompanied by long-term financial implications. While you are legally allowed to file for bankruptcy without the help of an attorney, it is not generally recommended. Filing for bankruptcy without a lawyer can come with significant risks, as the process is complex. Understanding the benefits of working with an attorney can help ensure that you have as smooth a bankruptcy process as possible. Work with an experienced Bergen County bankruptcy lawyer for more information and legal advice today.
What is Pro Se Filing?
“Pro se” is a Latin term that translates to “for oneself” or “on one’s own behalf.” In terms of bankruptcy law, when someone files pro se, they will be representing themselves without the help of legal counsel.
Filers may choose the pro se route if they cannot afford an attorney or believe that their case is simple and straightforward enough to handle on their own. While filing pro se may be cost-effective to begin with, it is essential to understand that bankruptcy law imposes strict rules and deadlines. Filing without an attorney can be risky unless the individual has a strong understanding of the legal process.
What Are the Risks of Filing for Bankruptcy Without a Lawyer?
If you are considering filing for bankruptcy, it is important that you understand the risks you can incur by neglecting to obtain legal representation. Consider the following.
- You could file under the wrong chapter, leading to the loss of property, ineligibility for relief, and other issues.
- You could submit incorrect or incomplete paperwork. Bankruptcy law requires extensive documentation, and if you make a mistake, it could result in serious consequences.
- You could fail to properly claim exemptions. If you do not understand exemptions, you could wind up putting valuable property at risk of being sold or liquidated.
- You could be unaware of your various legal rights as well as obligations.
- You could be accused of fraud if a mistake in reporting occurs, whether intentional or not.
These are only a few of the many risks of filing for bankruptcy without legal representation.
How Will a Lawyer Help?
By hiring a lawyer, you can avoid the above mistakes and risks. However, they will also be able to provide assistance in all other aspects of your bankruptcy case. Below are additional ways your attorney can help.
- Advise you on whether to file a bankruptcy petition
- Advise you on which chapter to file under
- Advise you on whether your debts can be discharged
- Advise you on whether or not you will be able to keep your home, car, and other property after you file
- Advise you of the tax consequences of filing
- Advise you on whether you should continue to pay creditors
- Explain bankruptcy law and procedures to you
- Help you complete and file forms
- Assist you with most aspects of your bankruptcy case
If you have questions or concerns about your bankruptcy case, reach out to an experienced attorney at the Law Office of Boyd & Squitieri to set up your free consultation today.