No, an attorney is not needed to file bankruptcy in any state or federal court. However, the petitioner should be completely educated on the state or federal procedures as even what appears to be a "simple" BK can become complexed and costly.
Yes - but you know what they say about a person who represents himself...he has a fool for a client.
In all seriousness...you can download the forms and file them yourself....but I wouldn't advise it.
And getting in your face a bit: You understand that the main reason people go bankrupt, that is, fail to abide by and live up to their promises...like paying back what they promise to as they promised to, when they borrow what they want.....is because they make a number...that is regularly...bad decisions. They may not understand the consequences...and generally think the consequences are something else. Ignorance and misunderstanding are not adequate defenses in court. The repercussions of doing something wrong...can be...and is to many, fatal to their BK case or at least, not the result they expected. (And, there are things you can do, which because they may be considered against the promises you make to the court, that are criminal and prosecuted as fraud).
In BK you ask the Courts to protect you from your creditors...because your creditors have rights to do things you don't want. In reality, you need to start to protect yourself...from yourself. SO, IF YOU DIDN'T REALIZE THAT JUST LIKE YOU CAN DEFEND & REPRESENT YOURSELF EVEN FOR MASS MURDER, OR ANYTHING (it's a very basic principal)....you better get a lawyer. Oh....consider virtually all of your creditors will have lawyers, if not teams of them, specializing in just this field, to make sure whatever errors you make they get the advantage of....gee, imagine that...those absolutely knowegable about these things...those your going to try and beat or get a result you want from...all have lawyers, even though, like you, they may not "need" one. Think you might?
Oh yeah....you understand the difference between State and Federal Laws and which courts handle them of course....and as BK is ALWAYS handled in a FEDERAL Bankrutpcy Court (its own court system)..your State is basically irrelevant. And of course, common sense should tell you that it has to be something done nationally (gonna go BK on a credit card or mrtgage or car loan....made by a NATIONAL company aren't you, want to include all your debts don't you....maybe YOUR in Texas...but where are the others that are involved....if a State thing...wouldn't it make sense you go to them?)
Yup...do it yourself.
no
You do not need a lawyer if you are filing individually. If you are filing for bankrupcty and you are in a corporation or in a partnership with someone, a case needs to be created, so you would need a lawyer.
While you're filing for bankruptcy you may want a bankruptcy lawyer, because it can be very confusing at times and they will be extremely helpful.
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.
Filing for bankruptcy is a complicated process and one should consider hiring a lawyer to help with the filing process. You also need to undergo credit counseling and be aware of what type of bankruptcy to file.
If you live in Texas and are looking at filing bankruptcy you will need to find a good lawyer first. You can ask your friends and family if they know or have heard of a bankruptcy lawyer you can check into. Looking in your local yellow pages is another way to find a bankruptcy lawyer. You can also contact your local bankruptcy court for a list of the local lawyers in your area.
Bankruptcy filing fees can vary from one attorney to another. Chapter 7 filing fees average $300 and Chapter 13 averages around $280. Generally more experienced lawyers may have higher rates.
A chapter thirteen attorney will not only help you make your bankruptcy legitimate, they will also help you figure out some of your financial problems to make it easier for you to pay off some of your debts.
"Forgot"? The forms or your lawyer asked for all bank or other financial accounts. If the balance in your account was close to zero at the time of filing, you may not need to worry, but if there was a significant balance, you should amend your Schedule B to include it. Check with your lawyer or get a bankruptcy lawyer.
If you are filing bankruptcy, you should have a bankruptcy lawyer onboard, and this is a question for him or her to deal with. You do not want to go through a bankruptcy on your own, especially as the bankruptcy rules have changed.
You may not be able to withdraw a Chapter 11 filing. You should talk to your lawyer to determine the best course of action.
It depends on that State's laws, but usually, if the wife is not a co-signor on any of the debt's that the husband is filing, she is exempt. To be on the safe side, check with the bankruptcy lawyer filing the petition.
Of course...in fact it is the best way to go about it.