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 35055

Do I Need a Lawyer to File for Bankruptcy in Zip Code 35055


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 AL 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 AL 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 35055
Niezer Emily
409 1st Ave SW
Cullman, AL 35055
(256) 775-9947
Attorneys
Drake, Tommy
419 2nd Ave SW
Cullman, AL 35055
(256) 739-9445
Attorneys, Criminal Law Attorneys
Floyd J Chad
427 2nd Ave SW
Cullman, AL 35055
(256) 739-9300
Criminal Law Attorneys,  Attorneys,  Family Law Attorneys,  Personal Injury Law Attorneys,  Divorce
Hankey Shelbie G
101 Main Ave NW
Cullman, AL 35055
(256) 736-8744
Wills, Trusts & Estate Planning Attorneys,  Family Law Attorneys,  Real Estate Attorneys,  Personal
Porter, William C PC
1310 2nd Ave NW
Cullman, AL 35055
(256) 775-8363
Attorneys, Employment Discrimination Attorneys, Labor & Employment Law Attorneys
Andria Richter Law
700 2nd Ave SW
Cullman, AL 35055
(256) 775-7757
Attorneys
Griffith Little & Lowry LLC
409 1st Ave SW
Cullman, AL 35055
(256) 775-7707
Attorneys
Hames Law Firm
427 2nd Ave SW
Cullman, AL 35055
(256) 739-7191
Attorneys,  Family Law Attorneys,  General Practice Attorneys,  Legal Service Plans
Baker Sara Attorney
100 5th St SE
Cullman, AL 35055
(256) 737-7181
Criminal Law Attorneys,  Attorneys,  Family Law Attorneys,  Adoption Law Attorneys,  Divorce Attorne
McLeroy Law Firm LLC
1626 1st Ave SW
Cullman, AL 35055
(256) 734-6994
Personal Injury Law Attorneys, Attorneys
Little, Brandon C
405 2nd Ave SW
Cullman, AL 35055
(256) 734-6330
Attorneys
Williams Jr Roy W
416 1st Ave SE
Cullman, AL 35055
(256) 739-5400
Attorneys
Haynes Michael D
412 1st Ave SE # 100
Cullman, AL 35055
(256) 737-5068
Criminal Law Attorneys, Attorneys, Legal Service Plans, Family Law Attorneys
Crocker R Champ Atty
207 2nd Ave SE
Cullman, AL 35055
(256) 739-5005
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Personal Injury Law Attorneys,  Divorce
Smith & Smith LLP
328 1st Ave SE
Cullman, AL 35055
(256) 734-4721
Attorneys
Grimmett Cindy Sue
1632 Town Sq SW
Cullman, AL 35055
(256) 739-4664
Criminal Law Attorneys,  Attorneys,  Family Law Attorneys,  Accident & Property Damage Attorneys,  L
Thompson And Thompson Attorneys
111 4th St SE
Cullman, AL 35055
(256) 734-4591
Accident & Property Damage Attorneys,  Attorneys,  Social Security & Disability Law Attorneys,  Gene
Thompson, Seth B
421 2nd Ave SW Cullman
Cullman, AL 35055
(256) 734-4591
Social Security & Disability Law Attorneys,  Attorneys,  Social Security Services,  Real Estate Atto
Parker And Parker PC
215 Main Ave SW
Cullman, AL 35055
(256) 775-4444
Accident & Property Damage Attorneys,  Bankruptcy Law Attorneys,  Child Custody Attorneys,  Divorce
Parker, Stephen D
720 2nd Ave SW
Cullman, AL 35055
(256) 775-4444
General Practice Attorneys, Attorneys, Legal Service Plans
Brock Nathan
223 2nd Ave SW
Cullman, AL 35055
(256) 841-4331
Attorneys, Family Law Attorneys, Business Law Attorneys, Wills, Trusts & Estate Planning Attorneys,
Knight Perry D
412 1st Ave SE
Cullman, AL 35055
(256) 734-4090
Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Corporation & Partnership Law Attorneys,  R
Bland Harris & McClellan PC Attorneys
401 2nd Ave SW
Cullman, AL 35055
(256) 734-4040
Attorneys,  Family Law Attorneys,  Tax Attorneys,  Divorce Attorneys,  Civil Litigation & Trial Law
Brock Nathan A
401 2nd Ave SW # 103
Cullman, AL 35055
(256) 734-4040
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US