Should I File Bankruptcy Without an Attorney

Should I File Bankruptcy Without an Attorney? Chapter 13 Bankruptcy Chapter 7 Bankruptcy     When Congress changed the bankruptcy laws in 2005, they made filing for bankruptcy extremely complex and complicated. The fact is that is it is extremely difficult to file for bankruptcy without an attorney.  Recent figures indicate that about nine out of ten self-prepared bankruptcy petitions are dismissed because the “pro-se” debtors did not properly fulfill their obligations under the new bankruptcy laws.  “Pro-se” is the Latin legal term for someone who is representing himself or herself without a lawyer. Filing Bankruptcy in Los Angeles County without an attorney is further complicated because in addition to attending to obligations under the federal bankruptcy laws, you must also adhere to the Local Bankruptcy Rules for the Central District of California. Representing Yourself in Bankruptcy is Often A Mistake Filing for bankruptcy is much more involved than reading a “How to File Bankruptcy” book.  It takes a keen understanding of federal and state law. Many debtors who represent themselves are not aware of what assets they can protect, and what assets they cannot protect.  I have seen many a case where the trustee has taken assets from a pro-se debtor because they were not exempt and protected. The Means Test Can Be Very Complicated Every person filing bankruptcy must complete the means test and must do so properly.  The means test is the court's determination that you qualify to file for bankruptcy. If the means test is not prepared the right way, it can constitute grounds for the Bankruptcy Court to dismiss your case. The means test is one of the most involved and controversial aspects of filing bankruptcy today.    Documents Must Be Filed with the Court and Provided to the Trustee The new laws also require that a debtor provide a number of documents to the trustee in a timely fashion.  I have observed that with a great number of pro-se Chapter 7 filings, the trustees have refused to examine the debtor because the debtor failed to provide the proper documents. In addition, I have never, ever seen a Chapter 13 pro-se debtor who provided all of the necessary documents to the Chapter 13 trustee when they were required to do so. Finally, if you do not file other mandatory documents with the court on a timely basis, the court will dismiss your case. You Must Know What Information Must be Provided in the Bankruptcy Petition The petition itself is rather complicated.  With most of the cases we file, the petition is close to 50 pages long. You must also understand what particulars about your financial situation to include.    Retaining an Experienced Bankruptcy Attorney is a Wise Investment An experienced bankruptcy attorney will know how to quickly and efficiently put together your petition, file your case in the proper way, and then represent you in Court. When it comes to seeking to eliminate a substantial amount of debt, it makes sense to do it the right way.  Many experienced bankruptcy attorneys, such as my Pasadena Bankruptcy Law Office, offer free consultations.   If you would like more information on this topic or other bankruptcy topics, please contact  our Pasadena office at  888.368.8941 (toll free) or 626.389.8575.  Mr. Phillip Myer will be happy to answer your questions for you.  . If you need assistance regarding a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, getting rid of the second mortgage on your house, stopping a foreclosure or wage garnishment, asset protection, discharging debt, etc. we can help!  Please contact us to receive a free consultation or visit our website at http://www.phillipmyerlaw.com/  to request an in-person consultation with an experienced bankruptcy attorney in the Pasadena, Glendale, Altadena, Alhambra, Sierra Madre, Los Angeles and San Gabriel Valley areas.

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