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 Brownsville, CA

Do I Need a Lawyer to File for Bankruptcy in Brownsville, CA


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 Brownsville, CA
Concord Bankruptcy Center
2801 Concord Blvd
Concord, CA 94519
(925) 827-9900
Bankruptcy Law Attorneys,  Attorneys,  Legal Service Plans,  Bankruptcy Services
Cavanaugh Diana
2801 Concord Blvd
Concord, CA 94519
(925) 827-9900
Attorneys,  Bankruptcy Services,  Foreclosure Services,  Business Bankruptcy Law Attorneys,  Bankrup
Williams Terrence D
3031 W March Ln
Stockton, CA 95219
(209) 948-9751
Attorneys, Social Security & Disability Law Attorneys
Mark Thiel
3439 Brookside Rd
Stockton, CA 95219
(209) 951-9600
Attorneys, Criminal Law Attorneys, Tax Attorneys, Wills, Trusts & Estate Planning Attorneys, General
Michael & Cammack
3247 W March Ln Ste 120
Stockton, CA 95219
(209) 473-8787
General Practice Attorneys, Attorneys, Legal Service Plans
Star Legal Document Processing
1567 51st St
Sacramento, CA 95819
(916) 504-8501
Paralegals, Legal Document Assistance
Katherine Beshak
PO Box 191048
Sacramento, CA 95819
(916) 996-8361
Attorneys
Shore McKinley Conger & Scott LLP
3031 W March Ln
Stockton, CA 95219
(209) 477-8171
Attorneys,  Accident & Property Damage Attorneys,  Business Law Attorneys,  Wills, Trusts & Estate
Atkinson David B
3620 W Hammer Ln # C
Stockton, CA 95219
(209) 951-8143
General Practice Attorneys, Attorneys, Legal Service Plans
Sunderraj Vikranth
90 Great Oaks Blvd # 209
San Jose, CA 95119
(408) 229-8000
General Practice Attorneys, Attorneys
Elder & Berg Association Of Attorneys
3107 Clayton Rd
Concord, CA 94519
(925) 676-7991
Attorneys, Employee Benefits & Worker Compensation Attorneys, Social Security & Disability Law Att
Morris James M.
3031 W March Ln # 201
Stockton, CA 95219
(209) 474-7872
Attorneys, Legal Service Plans
Norton Michael R
7540 Shoreline Dr # J
Stockton, CA 95219
(209) 474-7788
Attorneys, Family Law Attorneys, Divorce Attorneys, Civil Litigation & Trial Law Attorneys, Legal Se
Attorneys Professional Insurance Services
3450 Clayton Rd
Concord, CA 94519
(925) 969-7728
General Practice Attorneys, Insurance, Attorneys
Cameron Law Office
6401 Elvas Ave
Sacramento, CA 95819
(916) 254-7305
Legal Service Plans, General Practice Attorneys, Attorneys, Guardianship Services, Probate Law Attor
Chandler Parker
1349 S Burnside Ave
Los Angeles, CA 90019
(323) 902-6889
Criminal Law Attorneys, Entertainment & Sports Law Attorneys, Civil Litigation & Trial Law Attorneys
Rita Holder
3101 Clayton Rd
Concord, CA 94519
(925) 825-6795
Divorce Attorneys, Attorneys, Legal Service Plans, Family Law Attorneys, Legal Clinics, Divorce Assi
Allen-Garibald, Shari L - Blewett & Allen Inc
3255 W March Ln
Stockton, CA 95219
(209) 466-6735
Attorneys, Tax Attorneys, Business Law Attorneys, Estate Planning Attorneys
Garibaldi Shari L
3255 W March Ln Suite 210
Stockton, CA 95219
(209) 466-6735
Attorneys,  Probate Law Attorneys,  Elder Law Attorneys,  Corporation & Partnership Law Attorneys,  
Rob L. Uriostegui
1275 Westchester Pl
Los Angeles, CA 90019
(323) 733-6555
Criminal Law Attorneys, Attorneys, Legal Clinics, Legal Service Plans
Paralegal Services By Ramirez
8655 Lake Ashmere Dr # 122
San Diego, CA 92119
(619) 713-6537
Paralegals
Downey Brands
3425 Brookside Rd
Stockton, CA 95219
(209) 473-6450
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Rishwain Law Firm
3031 W March Ln Ste 112S
Stockton, CA 95219
(209) 227-6105
Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Business Law Attorneys,  Personal Injury Law
The Rishwain Law Firm
3031 W March Ln
Stockton, CA 95219
(209) 227-6105
Attorneys,  Social Security & Disability Law Attorneys,  Automobile Accident Attorneys,  Accident &
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US