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Why You Need an Attorney When Filing Chapter 7 Bankruptcy

by Weldon Reed Allmand on Apr. 21, 2018

 General Practice 

Summary: It can be tempting to seek a bankruptcy without an attorney to avoid legal fees. But you may end up with unnecessary stress and spending an excessive amount of time on your case if you go it alone.

It can be tempting to seek a bankruptcy without an attorney to avoid legal fees. But you may end up with unnecessary stress and spending an excessive amount of time on your case if you go it alone. If you are considering filing Chapter 7 bankruptcy, it’s important to talk to an attorney as soon as possible. With extensive experience in helping clients navigate the bankruptcy system, Allmand Law can help you. Call us today at 214-974-3278.

Making Sure You File the Right Chapter 7 Legal Documents

Filing Chapter 7 requires a lot of paperwork. If the legal documents are not drafted precisely and completed accurately, your case may not be accepted or it may be dismissed. Many debtors who represent themselves fail to complete all of the necessary paperwork and end up spending an excessive amount of time revising documents that they do file.

Although the court clerk, whom you file paperwork with, can help you find document templates online, they cannot give you legal advice. They also cannot fill out paperwork for you. To make sure your filing is complete, you should consult with a bankruptcy lawyer.

Making Sure You Protect Your Property

Chapter 7 bankruptcy is a liquidation of debt, allowing you to completely get rid of most of what you owe. However, it also requires that you sell or forfeit some of your assets to pay for debt. A skilled bankruptcy lawyer can help you protect some of your property, such as your house or car, when filing Chapter 7. If you attempt to file alone, you may end up losing valuable property, such as family heirlooms.

Attending Your Hearings With You, or Even for You

When you file Chapter 7 bankruptcy, you must attend several hearings. In many cases, your attorney can attend these for you. However, you will have to attend a meeting of creditors along with your attorney. If you attempt to file Chapter 7 alone, you may face creditors by yourself and answer questions from the bankruptcy trustee without knowledge of the law. An attorney can help when filing Chapter 7. You should be thoroughly prepared for questions about your debts, income, spending, and assets.

Facing Adversary Actions With You

When dealing with creditors after filing Chapter 7, you may have to face adversary actions. These may challenge the dischargeability of your debt or accuse you of fraud. It’s important to have a knowledgeable attorney on your side at the meeting of creditors and other hearings to face any adversary actions that are filed. Otherwise, you may not be able to discharge all of your debt, or you may be unable to defend yourself against accusations of dishonesty.

Meeting Deadlines When Filing Chapter 7

All legal procedures involve strict deadlines and timelines. You must establish residency within your bankruptcy district prior to filing, you must present proof of debt within a certain amount of time, and you must file legal documents in certain time restrictions. Statements of current income and a Means Test must be completed on time. It’s important to comply with all court deadlines and understand how bankruptcy timelines impact your case.

A Lawyer Can Help You Avoid Pitfalls When Filing Chapter 7

Financial difficulty can be embarrassing, but you shouldn’t try to handle the situation alone. A skilled bankruptcy lawyer can help you navigate the system and manage your finances in a discrete manner. If you are considering filing Chapter 7, contact Allmand Law at 214-974-3278.

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