12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents

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 32006

Do I Need a Lawyer to File for Bankruptcy in Zip Code 32006

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 FL 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 FL 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 32006
Pipen Jr Joseph F
324 S Hyde Park Ave
Tampa, FL 33606
(813) 280-9964
General Practice Attorneys, Attorneys
Frank Joseph E
1007 W Cleveland St
Tampa, FL 33606
(813) 259-9909
Criminal Law Attorneys, Attorneys, Legal Service Plans
Foster Todd
1881 W Kennedy Blvd
Tampa, FL 33606
(813) 280-9905
General Practice Attorneys, Attorneys
Beltz & Ruth PA
1009 W Platt St
Tampa, FL 33606
(352) 567-9892
Silver & Agacinski Pa
1325 W Cass St
Tampa, FL 33606
(813) 259-9863
Personal Injury Law Attorneys, Attorneys, Attorneys Referral & Information Service
Barrett Charles V
307 S Fielding Ave
Tampa, FL 33606
(813) 250-9797
Attorneys, Legal Service Plans, General Practice Attorneys
James O. Cunningham, P.A.
100 S. Edison St. Suite D
Tampa, FL 33606
(813) 355-9772
Attorneys,  Personal Injury Law Attorneys,  Wrongful Death Attorneys,  Medical Malpractice Attorneys
The Commerce Law Group
3810 NW 39th Ave
Gainesville, FL 32606
(352) 371-9721
Corporation & Partnership Law Attorneys, Attorneys, Business Law Attorneys
Crowell Patrick
4853 S Orange Ave
Orlando, FL 32806
(407) 434-9721
Construction Law Attorneys,  Attorneys,  Litigation & Tort Attorneys,  Contract Law Attorneys,  Real
Gerald T Salerno PA
3600 Forest Hill Blvd Suite #2
West Palm Beach, FL 33406
(561) 969-9677
Divorce Attorneys, Family Law Attorneys, Attorneys
Reback Rochelle A atty
405 W Azeele St
Tampa, FL 33606
(813) 251-9660
N Brook Nutter Law Office
442 W Kennedy Blvd # 220
Tampa, FL 33606
(813) 259-9646
Criminal Law Attorneys, Attorneys
Rodriguez Mark G PA Atty
701 S Howard Ave
Tampa, FL 33606
(813) 227-9642
Criminal Law Attorneys, Attorneys
Platt William R atty
600 S Magnolia Ave
Tampa, FL 33606
(813) 259-9604
Hale, G Gregory
3426 NW 43rd St
Gainesville, FL 32606
(352) 376-9576
Real Estate Attorneys, Attorneys
Alvarez Garcia Trial Lawyers
1509 W Swann Ave # 240
Tampa, FL 33606
(813) 259-9555
General Practice Attorneys, Attorneys, Legal Service Plans
Hengesbach & Hengesbach Law Offices
5438 Spring Hill Dr
Spring Hill, FL 34606
(352) 587-9522
Elder Law Attorneys,  Attorneys,  Family Law Attorneys,  Probate Law Attorneys,  Wills, Trusts & Es
Barnett Karen
442 W Kennedy Blvd # 200
Tampa, FL 33606
(813) 224-9510
Attorneys, Legal Service Plans
Orlando Michael
2755 E Oakland Park Blvd
Fort Lauderdale, FL 33306
(954) 565-9492
Criminal Law Attorneys, Attorneys, Foreclosure Services
Bonezzi Switzer Murphy Polito & Hupp Co. L.P.A.
9331 Blind Pass Rd
St Pete Beach, FL 33706
(727) 360-9331
Malpractice Law Attorneys, Attorneys, Consumer Law Attorneys, Legal Service Plans
Washington Partners Inc
2102 W Cleveland St
Tampa, FL 33606
(813) 254-9274
Mitchell Alison P
420 W Platt St
Tampa, FL 33606
(813) 250-9220
General Practice Attorneys, Attorneys
Frith Law Group Pa
228 Annie St
Orlando, FL 32806
(407) 481-9202
Construction Law Attorneys, Attorneys
Lupkin Elioit J PA
3471 N Federal Hwy
Fort Lauderdale, FL 33306
(954) 767-9200
Criminal Law Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US