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Yes you will need an attorney to file for bankruptcy and deal with the court. As an individual you will not be able to schedule hearings, etc as necessary to do the bankruptcy.

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15y ago

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In order to file bankruptcy must you have a bankruptcy attorney?

If you are filing for personal bankruptcy it is not necessary to have a lawyer. If you are filing for business bankruptcy, you must retain a lawyer on your behalf.


How does one file for chapter 7 bankruptcy?

The first step is to talk with a bankruptcy attorney, then fill out the appropriate paperwork and file it with a bankruptcy court.


Where can one file for bankruptcy or fraud?

In order to file for bankruptcy a person will need to hire an attorney or lawyer. Bankruptcy has long term financial consequences for the person so a competent attorney should be hired.


How do you file for personal bankruptcy?

Seek advice from a professional. Your local bankruptcy attorney is there to help you.


How can you prove that a judgment has been discharged in a bankruptcy?

The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.


Can you apply to become an attorney if you have personally filed for bankruptcy in the past?

Yes, but you have to provide a copy of your bankruptcy file.


Can you keep your home in a bankruptcy in NC?

It depends on which "chapter" of bankruptcy you file. I suggest you speak with an attorney to see what you can do.


Can you file bankruptcy in North Carolina?

Yes, contact an attorney to find out how.


If you filed for bankruptcy with an attorney how can you check to make sure they did it?

Attorneys are presumed to be officers of the court and are bound legally and ethically to represent their clients best interest. The majority of which do so, even though the general public opinion seems to be otherwise. That being noted, when you retain an attorney for bankruptcy, he/she will file the required documents in either federal or state bankruptcy court. You will receive notice when the filing has been entered along with other pertinent documents and information including the date for the creditor's meeting, which you must attend. If you have concerns about when or if the filing has been made, you should contact your attorney.


Can a debt collector continue to call after you file bankruptcy?

No, not as long as they were included in the bankruptcy. You should give their information to your bankruptcy attorney, who will contact the debt collector. If that doesn't work, your attorney will certainly know what to do next.


If your lawyer fails to file a motion to avoid a property lien during the bankruptcy hearing can this be fixed?

Yes. You or your attorney will need to file a motion to reopen the bankruptcy. Once the bankruptcy has been reopened, you can file your motion to avoid the lien.


Can you file a bankruptcy 13 when your bankruptcy 7 was discharged with restrictions?

Transformation is possible but before taking any step firstly consult to bankruptcy attorney.