Question: I am thinking about filing for bankruptcy. Do I have to use an attorney?
Answer: Although you can file a bankruptcy petition yourself, it is highly recommended that you seek the counsel of a good bankruptcy attorney.
Question: Why should I use an attorney to file?
Answer: As with all legal issues, it is wise to seek the counsel of an experienced attorney who is familiar with the laws and statutes involved in a particular court action. If your bankruptcy petition is not filed correctly or not filed in a timely manner, you may not get the relief that you are seeking from your creditors.
Question: I've bought books on bankruptcy laws and I've read magazines and other materials about filing for bankruptcy. Shouldn't this be enough to get me through my bankruptcy?
Answer: Reading about the issues concerning bankruptcy is great. The more knowledge you have will help you to understand what is going on during your filing. But reading about filing a bankruptcy does not equate to practical hands on experience when it comes to preparing a bankruptcy petition.
Question: What happens if my petition is filled out incorrectly?
Answer: First of all, you're dealing with the bankruptcy court, the judge, and the trustee who is assigned to work your case. They are very busy and they don't like it when you come unprepared.
Question: If I am unprepared, what happens to my bankruptcy petition?
Answer: Your bankruptcy petition may be thrown out of court and you will be told to refile when you get your petition in order.
Question: If something is left out of my petition, could it have serious consequenses in the future?
Answer: If a creditor is not included in your bankruptcy petition, that creditor may still be able to go after your assets in court or by other means.
Question: What happens if I need to get a stay on my debt right away and I am told by the court to refile my petition?
Answer: You may end up losing your property if it is in forclosure and if you have other debts that need immediate relief, you may not be able to stop your creditors from taking further action against you. That is why using an attorney is so important.
Question: Would the use of an attorney make that big of a difference?
Answer: There is no guarantee but an attorney's job is to make sure that everything on your petition is correct and that your petition is filed in a timely manner to stop forclosure proceedings and to stop creditors from placing liens on your property.
Question: Can any attorney file a bankruptcy petition for me?
Answer: Any attorney can file your petition, but an experienced bankruptcy attorney is the better choice. Attorney's specialize in different fields of law so it would be wise to seek representation from a law office that practice bankruptcy law.