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 94903

Do I Need a Lawyer to File for Bankruptcy in Zip Code 94903


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 CA 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 CA 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 94903
Barnum Samuel F
4302 Redwood Hwy Ste 100
San Rafael, CA 94903
(415) 492-9800
Insurance Attorneys, Attorneys, Legal Service Plans
Family Law Center
30 N San Pedro Rd
San Rafael, CA 94903
(415) 492-9230
Divorce Assistance, Attorneys, Family Law Attorneys, Legal Service Plans
Michael Samuels
27 Skyview Ter
San Rafael, CA 94903
(415) 258-9064
Attorneys, Divorce Assistance
Russell, Lance A Lance A Russell Law Office
4040 Civic Center Dr
San Rafael, CA 94903
(415) 492-9052
Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Arbitration Services,  Arbitration & Mediatio
John Stanko, inc.
4040 Civic Center Dr Ste 200
San Rafael, CA 94903
(415) 755-8899
Lewis & Lewis
101 Lucas Valley Rd Ste 240
San Rafael, CA 94903
(415) 777-8888
Attorneys
Kevin Macdougald
4270 Redwood Hwy
San Rafael, CA 94903
(415) 492-8734
Attorneys, General Practice Attorneys
Farley Law Offices
165 N Redwood Dr # 285
San Rafael, CA 94903
(415) 492-8690
General Practice Attorneys, Attorneys, Legal Service Plans
Feldmann John H III
11 Summerhill Ct
San Rafael, CA 94903
(415) 453-8249
Attorneys, Legal Service Plans
Logan Law Group
1050 Northgate Dr
San Rafael, CA 94903
(415) 451-8200
Civil Litigation & Trial Law Attorneys, Attorneys, Legal Service Plans
Plastiras & Terrizzi
24 Professional Center Pkwy
San Rafael, CA 94903
(415) 472-8115
Attorneys,  Real Estate Management,  Legal Service Plans,  Real Estate Buyer Brokers,  Civil Litigat
Chernus, Renee R
4300 Redwood Hwy
San Rafael, CA 94903
(415) 455-8081
Family Law Attorneys, Attorneys
Lowenstein Law Office
4040 Civic Center Dr #200
San Rafael, CA 94903
(415) 366-8051
Criminal Law Attorneys,  Domestic Violence Attorneys,  Administrative & Governmental Law Attorneys,
Harris Victor
1050 Northgate Dr # 360
San Rafael, CA 94903
(415) 479-8000
General Practice Attorneys, Attorneys, Legal Service Plans
Aaron Bortel Law Offices - DUI DWI Attorney
4040 Civic Center Dr Suite 200
San Rafael, CA 94903
(888) 373-8000
Attorneys, DUI & DWI Attorneys, Criminal Law Attorneys
Aladdin Bail Bonds
4290 Redwood Hwy
San Rafael, CA 94903
(877) 765-7888
Bail Bonds, Criminal Law Attorneys, Bail Bond Referral Service, DUI & DWI Attorneys
De Martini & Walker
175 N Redwood Dr # 250
San Rafael, CA 94903
(415) 472-7880
Attorneys, Real Estate Attorneys, Litigation & Tort Attorneys, General Practice Attorneys, Legal Ser
Reich Leon Law Offices
4300 Redwood Hwy
San Rafael, CA 94903
(415) 472-7416
Employee Benefits & Worker Compensation Attorneys, Attorneys, General Practice Attorneys, Legal Serv
Choyce Dionne
4040 Civic Center Dr # 200
San Rafael, CA 94903
(415) 259-6637
Peter Farkas Law Office
454 Las Gallinas Ave
San Rafael, CA 94903
(415) 924-6400
General Practice Attorneys, Attorneys, Legal Service Plans
Northern California Mediation
175 N Redwood Dr # 295
San Rafael, CA 94903
(415) 461-6392
Mediation Services,  Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Arbitration Services,  A
Frankovich Thomas E
4328 Redwood Hwy
San Rafael, CA 94903
(415) 444-5800
Attorneys, General Practice Attorneys
Burroughs & Froneberger
24 Professional Center Pkwy
San Rafael, CA 94903
(415) 491-5000
Attorneys
Bartley Law Offices
4040 Civic Center Dr # 200
San Rafael, CA 94903
(415) 898-4741
Insurance Attorneys,  Attorneys,  Labor & Employment Law Attorneys,  Civil Litigation & Trial Law At
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US