| Do I need an attorney to file bankruptcy? |
A individual can file bankruptcy without an attorney. However, the law is
complex and the process difficult thus it is not recommended. If you do not know the law,
you may end up losing property or other rights that a knowledgeable attorney may
be able to protect. Chapter 7 cases are normally easier to prepare. Very few people have
been able to successfully file a Chapter 13 case on their own. [top] |
| How do I find an experienced bankruptcy attorney? |
The best way to find a trustworthy attorney is to seek referrals from family, friends or
other members of the community that you know and respect. Before retaining, interview the attorney. You will
want to know if they are consumer or business banruptcy practitioners; how long they have been practicing
bankruptcy law; and, how many cases they have handled. Select an attorney that will repsond to your personal
situation, is not too busy to meet with you personally, and is willing to answer your questions. You will also
want an attorney that agrees to represent you throughout the case. Remember, the bankruptcy attorney advertising
the cheapest rate (or the attorney charging the highest) is not necessarily the best. [top] |
| What about bankruptcy petition preparers? |
Bankruptcy petition preparers, also known as "typing services" or "paralegal services"
are not lawyers. They prepare bankruptcy forms for a fee that is normally lower than the fee
an experienced bankruptcy attorney will charge. They are not allowed to give legal advice;
nor, do they provide services after the case is filed. Most have little, if any, understanding of the law;
thus, the advice they do give is often bad. Many people have unnecessarily lost assets and/or rights
by using petition preparers. [top] |
| What if I still want to file my own petition? |
This is not a decision to be taken lightly. Filing bankruptcy is more
than completing the forms. You will need a working knowledge of the bankruptcy laws as well
as the federal and local rules. Failure to completely and accurately prepare the petition
may result in the loss of your discharge as well as potential criminal charges. In addition,
creditors will be able to contact you directly for information regarding your case. [top] |
| What do I do if I do not like my attorney? |
You have a right to "fire" your attorney and find someone else to represent you.
The new attorney can prepare and file a Substitution of Attorney that will replace the old attorney.
This is a relatively easy procedure that takes little time and effort. Often a misunderstanding or conflict
in personalities can be overcome by honest and open communication. Just as you have a right to fire your
attorney, you have a right to expect your attorney to communicate with you. [top] |