Do I Need An Attorney to File Bankruptcy?
I have run across many Debtors who try and file a bankruptcy on their own (pro se) instead of hiring an attorney. They get all the paperwork and fill it out, then file it with the court. The problems they run into are that there are so many little details involved in filing a bankruptcy they aren’t aware of.
I had a potential client come to our office today to talk about retaining us for her bankruptcy. She has already filed bankruptcy, but has had some problems with the case. I looked over her paperwork and realized there were some very crucial mistakes made when she filled it out. On closer inspection, she claimed too many dependents on the Means Test, which is the test used to determine if you qualify for a Chapter 7.
I explained that based on her income we would have to run the entire test. When she claimed four people she was below median income and automatically qualified, but she should have only claimed one person which puts her over the median income. Even though the case has already been filed and all the paperwork done, we will still have to put a lot of work into her case. We will have to gather all the paperwork and redo most of her schedules she filed with the court. She has not attended her 341 hearing yet, so we will go to that with her. And, if she doesn’t qualify for a Chapter 7 we will have to convert the case to a Chapter 13 and it will be like starting a whole new case.
Filing a Chapter 13 is almost impossible to do successfully pro se. There are so many hearings and deadlines that need to be met. After the 341 hearing there is confirmation, TRCC, possible modification, possible notice of intent to dismiss, motion to lift stay, and the list goes on. Not every case has all the listed things, but dealing with an objection to confirmation by a creditor can by difficult for a Debtor to handle on his own.
In most cases, it is best to hire an attorney from the beginning of the case and not wait until the case is unsalvageable. We have had cases where the best advice we can give is to let the case get dismissed and we will refile because there is nothing we can do to save the case.
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