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bankruptcy filing without attorney
Las Vegas Corey B Beck Attorney At Law Bankruptcy Specialist
Can I file chapter 7 bankruptcy without an attorney?
You can represent yourself but ignorance of the law or how to proceed in the court process is not an excuse the courts will accept and you may have to refile and amend paperwork at great expense to yourself.
A BK attorney for chap 7 will run over a little over a thousand which includes the filing fee. (shop around for you attorney)
The decision to file for bankruptcy is hard and it is the process. The bankruptcy laws original 1978 have been revised to tighten the requirements for those seeking bankruptcy relief. Before testifying, ask about the requirements of the latest bankruptcy and seek help from a lawyer experienced in bankruptcy to help in the process.
Changes made to bankruptcy laws
The landscape of bankruptcy has been dramatically changed with the implementation of bankruptcy laws.
An amendment should now what they call a "test mode", which is used as a tool to ensure that you can not abuse the bankruptcy system. With this test, your monthly income is determined, at least some expenditures. If the result is above average "income", then you will be asked to file Chapter 13 bankruptcy.
With the second change made, Internal Revenue Service (IRS) established strict guidelines for what they call "eligible expenditures". These allowable expenses require some tight budgets, which include $ 200 per month for food and $ 800 per month for housing.
Thirdly, before filing, it is important inform you about the bankruptcy laws of your particular state. Requirements of some states are stricter than others. You must be a resident of a State for at least two years before you can file in that state.
The fourth change to bankruptcy law is you must attend a mandatory credit counseling course that is approved by the IRS within 180 days of your bankruptcy. You have to pay about $ 75 for this course.
The change is five had more paperwork is required to prove that bankruptcy is necessary for you. Some of the IRS requirements include: a list secured creditors and unsecured, proof that you've taken the credit counseling, detailed list of your monthly income and expenses, liabilities and assets, recent tax return, photo ID and pay.
Finally, and probably one of the changes Least desirable is that you will now pay for increased legal fees of your bankruptcy filing. You are required to have a bankruptcy lawyer certify that your figures are accurate. This requires the prosecutor to make an investigation as well, through your deposit to ensure that the information is correct. Otherwise, you and your lawyer may face sanctions in case of errors.
Get help from an attorney
Under bankruptcy laws you do not have to retain counsel other than to certify and verify that your deposit. However, it is a good idea to seek help a bankruptcy lawyer early to ease you through the process. They can advise you on steps to take and paperwork which must be filed. If you go alone, and forget to file certain documents, your application may be rejected and you must start the process from scratch. It could cost you money to retain a lawyer, but long term it could save you many headaches.
Debt consolidation can help you pay off debt faster but it’s not right for everyone. Find out more about when you should and shouldn’t consider consolidating your debt on the Inside Debt Consolidation website.
