Why You Shouldn't File For Chapter 13 Bankruptcy Without An Attorney
by Veeti Lepisto
Filing for bankruptcy may be your only option when facing too much debt. Filing for Chapter 13 bankruptcy aims to prevent creditors from harassing you and allow you to reorganize your finances and create a repayment plan. For best results, you should hire a Chapter 13 bankruptcy attorney to help you file for bankruptcy. Here are reasons you should refrain from filing for bankruptcy on your own.
Learning Your Bankruptcy Rights
One disadvantage of filing for Chapter 13 bankruptcy without an attorney is that you have to learn how bankruptcy law works. You need to research extensively and consult widely. A bankruptcy attorney has this knowledge from schooling and work experience. They also know state-specific rules and the exemptions in your state.
Chapter 13 bankruptcy law is complex, and the filing process is labor-intensive because you should create a feasible repayment plan. This plan needs court approval. The benefit of having an attorney by your side is that they have the tools and programs to create repayment plans.
Additionally, when filing for Chapter 13 bankruptcy, you need to know what measures the court has to prevent creditors from harassing you. For example, the court could issue an automatic stay to keep your creditors from taking action against you.
Therefore, you will have to notify your creditors about this automatic stay. The benefit of working with an attorney is that they will represent you before creditors and explain the terms of the automatic stay.
Representing Yourself in Court
The requirements of Chapter 13 bankruptcy are laborious. For example, if you filed Chapter 13 to help with lien stripping, you must file the correct motions with the court. You will also need to attend all hearings.
The court will schedule an evidentiary hearing if the creditor opposes your claims. During this court hearing, you must present witness testimony and compelling evidence. You have to follow the rules of evidence. Even if your claim is strong, you could lose if you don't know how to present your evidence before the court.
Dealing With Paperwork
Filing for Chapter 13 bankruptcy involves a lot of paperwork. Filling out the documents incorrectly or submitting the paperwork after the deadline will endanger your case. A bankruptcy attorney will ensure the paperwork is on track.
Apart from the paperwork, there are schedules you must follow without fail. Some reasons your case may be dismissed include missed deadlines, incomplete paperwork, insufficient documentation of income, assets, and debts, and mistakes in your filed paperwork. With a knowledgeable bankruptcy attorney by your side, making these grievous mistakes is impossible.
For more information, contact a Chapter 13 bankruptcy law firm near you.
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About Me
Several years ago, one of my best friends married the guy of her dreams. This tall, quiet man adored my friend. Almost every week during their courtship, he presented her with a beautiful, fragrant arrangement of flowers. At the time, my friend’s mom joked that her home resembled a funeral home because of all of the flowers her boyfriend sent her. After the happy pair married, they purchased a new home together and quickly began running out of money, meaning that he could no longer afford to give her the flowers she loved. They even discovered they couldn’t afford to pay the monthly mortgage. After only a few years of marriage, they filed for bankruptcy. On this blog, you will discover the ways a reputable bankruptcy attorney can help you successfully recover from financial ruin.