12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Do I Need a Lawyer to File for Bankruptcy in Zip Code 68602

Do I Need a Lawyer to File for Bankruptcy in Zip Code 68602


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.

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 12Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free NE Last Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
 
Personalize & Print a Free NE Living Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Related Legal Services near Zip Code 68602
Enersen Group
2428 Calumet Ct
Lincoln, NE 68502
(402) 475-9988
Attorneys
Higgins John J
209 S 19th St # 340
Omaha, NE 68102
(402) 341-9970
General Practice Attorneys, Attorneys
Mathias Law Office
1603 Farnam St Ste 216
Omaha, NE 68102
(402) 934-9970
Criminal Law Attorneys
Crampton James W
1904 Farnam St # 200
Omaha, NE 68102
(402) 341-9929
Attorneys
Davis James M
1623 Farnam St # 500
Omaha, NE 68102
(402) 341-9900
Attorneys,  Legal Service Plans,  Criminal Law Attorneys,  Accident & Property Damage Attorneys
Hansen Eileen A
1904 Farnam St # 601
Omaha, NE 68102
(402) 341-9896
Attorneys
Fowler Brandie M
209 S 19th St # 440
Omaha, NE 68102
(402) 933-9886
Attorneys, Legal Service Plans
Fowler Law Office
209 S 19th St Ste 475
Omaha, NE 68102
(402) 933-9886
General Practice Attorneys, Attorneys
Nelson S Greg Attn @ Law
319 S 17th St Ste 700
Omaha, NE 68102
(402) 415-9700
Attorneys
Meares S Frank
1913 Farnam St
Omaha, NE 68102
(402) 346-9600
Attorneys, Legal Service Plans
Beatty Kelly C
1603 Farnam St
Omaha, NE 68102
(402) 505-9556
Attorneys, General Practice Attorneys
Contryman Kristin
1625 Farnam St # 830
Omaha, NE 68102
(402) 932-9550
Attorneys, Legal Service Plans
Hightower Law
209 S 19th St # 525
Omaha, NE 68102
(402) 932-9550
Attorneys, Legal Service Plans
Hightower Tracy
1625 Farnam St # 830
Omaha, NE 68102
(402) 932-9550
Attorneys, Legal Service Plans
Reff Susan
1625 Farnam St # 830
Omaha, NE 68102
(402) 932-9550
Attorneys
Ryan Kevin A
209 S 19th St # 500
Omaha, NE 68102
(402) 341-9300
Attorneys, General Practice Attorneys
Haase Perry G
1400 S 13th St
Lincoln, NE 68502
(402) 476-9200
Attorneys
Alvarez Insurance
610 S 24th St
Omaha, NE 68102
(402) 346-9186
Attorneys, Insurance, Business & Commercial Insurance
Gomez Geena
604 S 24th St
Omaha, NE 68102
(402) 346-9186
Attorneys
Sullivan Timothy P Atty
1517 Arapahoe St
Lincoln, NE 68502
(402) 742-9170
Attorneys
Fitzpatrick Law
319 S 17th St # 232
Omaha, NE 68102
(402) 346-9140
Attorneys,  Criminal Law Attorneys,  Legal Service Plans,  Litigation & Tort Attorneys,  General Pra
Robert D Kinsey Jr Attorney
3800 Vermaas Pl # 100
Lincoln, NE 68502
(402) 434-9053
Attorneys
Ashford Timothy L
300 S 19th St Ste 316
Omaha, NE 68102
(402) 342-8888
Attorneys, Legal Service Plans
Historic Omaha Library
1823 Harney St
Omaha, NE 68102
(402) 346-8865
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US