Easy Questions  
Free Legal Documents

Do I Need a Lawyer to File for Bankruptcy in Alba, TX

Do I Need a Lawyer to File for Bankruptcy in Alba, TX


The greatest glory in living lies not in never falling, but in rising every time we fall.
 
- Nelson Mandela


Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. However, it is very important that a bankruptcy case be filed and handled correctly. You can check out a free preview a bankruptcy filing at 1-2-Law.com.

In many cases, it's a good idea to have a bankruptcy attorney. However, many petitioners file for bankruptcy without a lawyer. Some represent themselves in bankruptcy because they cannot afford the lawyer's fees. Others have simple cases, and don't feel the need to hire a lawyer. Even the simplest Chapter 7 bankruptcy requires extensive paperwork, gathering of financial documentation, research of bankruptcy and exemption laws, and follow up with local rules and procedures.

Bankruptcy rules are very technical, and a misstep may affect a debtor's rights. For example, a debtor whose case is dismissed for failure to file a required document, such as a credit counseling certificate, may lose the right to file another case or lose protections in a later case, including the benefit of the automatic stay. Bankruptcy has long-term financial and legal implications, so it is very important to do it right. An individual filing for bankruptcy must list all property and debts in their bankruptcy schedules. If a debt is not listed, it is possible the debt will not be discharged.

The simpler the bankruptcy, the better your chances are to successfully complete it and receive a discharge on your own. So it's usually more feasible to file without an attorney if you are filing a simple Chapter 7 bankruptcy.

If your household income is low and you own little or no assets, and you don't have any priority debts or creditors alleging fraud against you, then your case may be simple enough for you to handle without an attorney.

Bankruptcies filed under Chapter 13 can be more complex than Chapter 7. If you are underwater on your mortgage payments, and if your second mortgage is worth less than your first mortgage, you may be able to use Chapter 13 bankruptcy to "strip" the second mortgage (discharge it in bankruptcy). If you owe more than your car is worth, through a process known as "loan cram down," you may be able to negotiate a Chapter 13 payment plan based on what the car is actually worth, as opposed to the value of the car loan.

You may choose to file a Chapter 13 to take advantage of these benefits or simply because you make too much money to qualify for a Chapter 7. No matter what your reason is, it generally means that your case may be too difficult to file on your own.

In Chapter 13 bankruptcies, in addition to filing the official bankruptcy forms, you must also design a proposed repayment plan, which can be very difficult to do. Stripping your second mortgage or cramming down a car loan will usually require filing additional motions and paperwork with the court.

So, if you are planning to file a Chapter 13 or a complex Chapter 7, it is a good idea to hire a qualified attorney. Your Chapter 7 will usually be more complex if you own a business, have high income, own significant assets, or have creditors who may claim fraud. If any of the above applies to you, you risk having your case dismissed, your assets being taken and sold, or facing a lawsuit in your bankruptcy to determine that certain debts should not be discharged. In that case, it is advisable to hire an attorney to handle your bankruptcy.

Bankruptcy fraud is a crime and the presiding judge may also deny the discharge of all debts if a debtor does something dishonest in connection with the bankruptcy case, such as transferring assets to friends and family, destroying or hiding property, falsifying records, or lying. Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide.

Individual debtors are generally required to obtain credit counseling from an approved provider within 180 days before filing a case, and to file a statement of compliance and a certificate of credit counseling furnished by the provider. Failure to do so may result in dismissal of the case.

Homeowners who are having trouble or have fallen behind in making their mortgage payments may have options that would allow them to avoid foreclosure and bankruptcy, starting with renegotiating with the mortgage lender. However, please beware of marketing offers made once your house is in foreclosure - there are a number of fraudulent schemes specifically directed at individuals facing foreclosure.

Only you can decide if hiring a lawyer is right for you. Check out 1-2-Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free TX Power of Attorney Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Related Legal Services near Alba, TX
Attorney General
1400 Hillcrest Dr
Arlington, TX 76010
(817) 277-9805
Attorneys
Shivers Robert A
1146 S Alamo St
San Antonio, TX 78210
(210) 226-9725
Administrative & Governmental Law Attorneys, Immigration Law Attorneys, Attorneys
Martinez & Martinez
1105 Wooded Acres Dr #200
Waco, TX 76710
(254) 776-9700
Attorneys,  General Practice Attorneys,  Legal Service Plans,  Drug Charges Attorneys,  Child Custod
Cotner Robert
3501 W Waco Dr
Waco, TX 76710
(254) 752-9688
Attorneys
Zimmerman & Zimmerman & Cotner & Young A Professional Corporation
3501 W Waco Dr
Waco, TX 76710
(254) 752-9688
Accident & Property Damage Attorneys,  Attorneys,  Legal Service Plans,  Personal Injury Law Attorne
Zimmerman Law Firm
3501 W Waco Dr
Waco, TX 76710
(254) 752-9688
Accident & Property Damage Attorneys, Personal Injury Law Attorneys, Automobile Accident Attorneys
Morris, Michael P - Tekell Book Matthews & Limmer
1221 McKinney St # 4300
Houston, TX 77010
(713) 222-9542
Personal Injury Law Attorneys, Attorneys
Tekell Book LLP
1221 McKinney St Ste 4300
Houston, TX 77010
(713) 222-9542
Attorneys, Legal Service Plans
Book, William C - Tekell Book Matthews & Limmer
1221 McKinney St # 4300
Houston, TX 77010
(713) 222-9542
Insurance Attorneys, Personal Injury Law Attorneys, Attorneys
Clark Dick
3311 N Ridge Dr
Waco, TX 76710
(254) 772-9464
Attorneys
Muizers Martin I
2525 E Arkansas Ln
Arlington, TX 76010
(817) 548-9437
Attorneys Referral & Information Service, Attorneys, General Practice Attorneys
Central Texas Litigation
7215 Bosque Blvd
Waco, TX 76710
(254) 399-9400
Attorneys Referral & Information Service, Litigation Support Services
Kerrisa Chelkowski
1017 South Alamo Street
San Antonio, TX 78210
(210) 228-9393
Criminal Law Attorneys, DUI & DWI Attorneys
Abbott J Perry CPA
609 W Main St
Arlington, TX 76010
(817) 265-9306
Attorneys,  Estate Planning, Probate, & Living Trusts,  Wills, Trusts & Estate Planning Attorneys
Brenda Dushane
12404 Highway 6
Santa Fe, TX 77510
(409) 316-9254
General Practice Attorneys, Attorneys, Legal Service Plans
The Law Office of Wendy L. Hackler
1810 A 8th Ave.
Fort Worth, TX 76110
817-926-9890
Attorneys, Child Support Collections, General Practice Attorneys
Hasdorff & Convery P C
1007 S Alamo St
San Antonio, TX 78210
(210) 738-9060
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Legal Service Plans
Green Neal Jr
110 W Collin St
Corsicana, TX 75110
(903) 874-9009
Divorce Assistance, Attorneys, Family Law Attorneys, Legal Service Plans
Hardin Rusty & Associates PC
1401 McKinney St Ste 2250
Houston, TX 77010
(713) 652-9000
Attorneys, Criminal Law Attorneys, Appellate Practice Attorneys, Litigation & Tort Attorneys, Legal
York Robert Atty
312 W 4th Ave
Corsicana, TX 75110
(903) 874-8890
Attorneys, Family Law Attorneys, Divorce Attorneys, Litigation & Tort Attorneys, Estate Planning Att
Scanes, Routh & James
7901 Fish Pond Rd
Waco, TX 76710
(254) 399-8788
Attorneys,  Accident & Property Damage Attorneys,  Civil Litigation & Trial Law Attorneys,  Real Est
Shields Joel
7901 Fish Pond Rd Ste 200
Waco, TX 76710
(254) 399-8788
Corporation & Partnership Law Attorneys, Attorneys, Labor & Employment Law Attorneys, Legal Service
Anita J Anderson
829 E Guenther St
San Antonio, TX 78210
(210) 533-8726
Attorneys Referral & Information Service, General Practice Attorneys, Attorneys
Aldous Law Firm
11959 fm 1764
Santa Fe, TX 77510
(281) 435-8648
Automobile Accident Attorneys,  Family Law Attorneys,  Litigation & Tort Attorneys,  Medical Malprac
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US