tcy is designed to decrease and in some cases even
eliminate the burden of debt and to provide property protection from
creditors.
Pro Se - Self Filing
If
bankruptcy is seriously being considered then one of the most important
decisions to make is whether to hire a personal bankruptcy attorney.
Some bankruptcy advisers suggest that if a case is not complicated the
best option is to use the services of a petition preparer rather than a
licensed attorney to prepare the filing then file the case \"pro se\"
without the services of an attorney. The question is: what is and what
isn\'t a \"complicated\" case? The thinking is that if someone has no
secured debt, no assets, is unemployed and no recent credit purchases
their case should be an uncomplicated relatively easy chapter 7 filing.
OK, how many people really fit neatly into this category? One risk in
self-filing is unintentional bankruptcy fraud. In other words, can one
really prove that a large credit purchase did not occur full well
knowing that bankruptcy is soon to be filed?
Seeking Professional Help
A
more complicated case requires the help of a bankruptcy professional. A
personal bankruptcy attorney can help determine first of all whether
going bankrupt can actually resolve the debt problem in the first
place. If so, which type of filing is more appropriate: Chapter 7 or
Chapter 13? The attorney will make sure there is no unintentional
bankruptcy fraud which can turn out to be a serious matter. The
attorney can also file the appropriate documents which generally have
very strict court deadlines and represent the filer in court if this is
necessary.
Finding the Right Law Firm
The
key to achieving the best outcome is to make sure the attorney selected
is a bankruptcy specialist, has enough and appropriate experience and
will spend an adequate amount of time with the client upfront so as to
make the appropriate decisions and legal maneuvers to achieve maximum
property protection. A \"filing mill\" where the client has no or little
contact with the attorney assigned to the case may not result in the
best outcome for the client because of the lack of communication
critical to understanding the case details and circumstances specific
to the client.
Shopping Around
Many times
a personal bankruptcy attorney will offer an initial free consultation.
Knowing what the going rate is will help in finding a law firm that
specializes in bankruptcy law with competitive rates. However, even
with a competitive fee schedule the ultimate cost of a bankruptcy
filing is determined by how complex a case is and how long the case
will take to complete among other factors. Rates are important but more
important is whether the client feels comfortable with discussing their
personal financial situation and how qualified the lawyer is to handle
the case. It is not a good idea to compromise quality of service for
low fees. Competitive fees and effective experienced legal service will
provide the best result.
For more information on finding a personal bankruptcy attorney or to talk to a local bankruptcy attorney for free and with no obligation call 1-877-805-2270 or visit debthelptools.com