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Filing Bankruptcy With a Lawyer

Having children, buying a house, or picking out a new car are all important decisions in your life. As such, you will probably consult a professional in the field prior to leaping into those endeavors; a doctor, a realtor, or a car salesman perhaps? Bankruptcy is also an important decision and you should probably give thought to filling bankruptcy with a lawyer by your side.

Having qualified legal council is always a good idea in any legal situation, and when you are exploring your bankruptcy options this fact continues to hold true. Particularly if you want to protect your car, home, and the childrenĂ‚€Ă‚™s life style mentioned in the preceding paragraph.

According to New York City bankruptcy attorney, Andrea Fisher, filing without consulting an attorney is an option, but not one that experts would recommend. "If you truly need to file bankruptcy, you truly need to hire an attorney," according to Fisher.

An attorney can provide expert guidance through an arduous time period in peopleĂ‚€Ă‚™s lives. From explaining the complex intricacies of the bankruptcy process to protecting your rights guaranteed under that same process, filing bankruptcy with a lawyer is the prudent course of action to take.

Fisher further points out that because the bankruptcy code is filled with procedural rules that, if violated, can result in the dismissal of your case, you run the risk of a serious misstep should you fail to cross every T and dot every I Ă‚€Ă‚ť. Similarly, credit counselors warn against opting for the go-it-alone path of a bankruptcy preparation office, as these offices specialize in filling out the forms, but are barred from giving the legal advice that you really require.

Bankruptcies are more of a process than an event. That said, the process is fraught with missteps that can easily see your case dismissed for any number of reasons you could not possibly foresee. A qualified attorney will warn you against selling assets in advance of your proceedings. Although it may only be your intention to sell those assets to fend off an unrelenting creditor; the court may view it as preferential treatment of one debtor over another and thereby, damaging your case in their eyes.

Filling bankruptcy with a lawyer avoids these potential missteps that can harm your case. When Congress overhauled the federal bankruptcy statutes in 2005, the intention of the legislation was not to make the process easier. The law layered in levels of complexity by demanding that bankruptcy petitioners attend pre filing credit counseling, and requires them to pass a means test before even determining which form of consumer protection, Chapter 7 or Chapter 13, they are entitled to.

When it comes to slaying your debt dragons, and protecting your financial future, only a qualified attorney can explain the process and legally provide the advice you need to successfully maneuver through the sometimes Byzantine layers of complexity standing in your way. Since you can probably assume that the people suing you for their money are utilizing an attorney, filling bankruptcy with a lawyer is simply in your best interests.