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 32007

Do I Need a Lawyer to File for Bankruptcy in Zip Code 32007

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 32007
Tyler & Hamilton PA
4811 Beach Blvd # 200
Jacksonville, FL 32207
(904) 398-9999
Insurance Attorneys, Attorneys, Legal Service Plans
Eraclides Johns Hall Gelman Johannessen & Kempner L L P
4811 Atlantic Blvd # 2
Jacksonville, FL 32207
(904) 306-9955
Attorneys, Legal Service Plans, Criminal Law Attorneys, Family Law Attorneys, Divorce Attorneys, Lit
Douglas Stephen J
1730 Shadowood Ln # 360
Jacksonville, FL 32207
(904) 398-9929
Attorneys,  Accident & Property Damage Attorneys,  General Practice Attorneys,  Legal Service Plans
Johns Chris
4901 Atlantic Blvd
Jacksonville, FL 32207
(904) 398-9893
Civil Litigation & Trial Law Attorneys, Attorneys
Chappell Howard E
5237 Summerlin Commons Blvd, Suite 366
Fort Myers, FL 33907
(239) 337-9875
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Duckwall Robert H
5237 Summerlin Commons Blvd
Fort Myers, FL 33907
(239) 939-9800
Probate Law Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
Pye Law Firm
3909 W Newberry Rd
Gainesville, FL 32607
(352) 381-9799
Corporation & Partnership Law Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys, Bankr
Paul Herman S
4811 Atlantic Blvd # 2
Jacksonville, FL 32207
(904) 858-9696
Real Estate Attorneys, Attorneys
Liberis Charles
13700 Perdido Key Dr # 223
Pensacola, FL 32507
(850) 438-9647
Attorneys, Tax Attorneys, Corporation & Partnership Law Attorneys, Business Law Attorneys, Real Esta
Proctor Jamie K
4121 N Armenia Ave
Tampa, FL 33607
(813) 353-9646
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Scott Mitchell, P.A.
1035 Lasalle St
Jacksonville, FL 32207
(904) 396-9640
Traffic Law Attorneys, Attorneys
Orsini & Rose Law Firm
5340 Central Ave
Saint Petersburg, FL 33707
(727) 323-9633
General Practice Attorneys, Attorneys, Legal Service Plans
Orozco Cynthia E Atty
530 Pasadena Ave S
Saint Petersburg, FL 33707
(727) 346-9616
Wills, Trusts & Estate Planning Attorneys, Attorneys, General Practice Attorneys, Estate Planning At
Jacobs Eileen D
2505 W Virginia Ave
Tampa, FL 33607
(813) 877-9600
Probate Law Attorneys, Attorneys, Family Law Attorneys, Wills, Trusts & Estate Planning Attorneys, G
Busack Frederick L
2701 N Rocky Point Dr # 900
Tampa, FL 33607
(813) 639-9599
General Practice Attorneys, Attorneys
Acevedo, Milton
340 Wilshire Blvd
Casselberry, FL 32707
(407) 674-9558
Bankruptcy Law Attorneys, Attorneys, Criminal Law Attorneys
Lady Law - Carolyn Holt - Attorney
2202 N. Westshore Blvd.
Tampa, FL 33607
(866) 523-9529
Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Traffic Law Attorneys,  Attor
Baccarella & Baccarella, P.A., Divorce and Family Law Attorney
4414 N Armenia Ave, Suite 220
Tampa, FL 33607
(813) 348-9445
Accident & Property Damage Attorneys, Family Law Attorneys, Attorneys
Ameri Legal
4914 Lake Underhill Rd
Orlando, FL 32807
(407) 306-9442
Immigration Law Attorneys, Attorneys
Mitchell Feldman
2701 N Rocky Point Dr
Tampa, FL 33607
(813) 639-9366
Stamatakis & Thalji P L
2701 N Rocky Point Dr
Tampa, FL 33607
(813) 282-9330
Bankruptcy Law Attorneys, Attorneys, Bankruptcy Services
Michelle Kalil Taylor
1017 Lasalle St
Jacksonville, FL 32207
(904) 306-9267
Criminal Law Attorneys, DUI & DWI Attorneys, Juvenile Law Attorneys, Traffic Law Attorneys, Attorney
Babboni Michael
6446 Central Ave
Saint Petersburg, FL 33707
(727) 381-9200
Attorneys,  Criminal Law Attorneys,  Accident & Property Damage Attorneys,  Entertainment & Sports L
Babboni Shapiro & Goldman
6446 Central Ave
Saint Petersburg, FL 33707
(727) 381-9200
Social Security & Disability Law Attorneys, Attorneys, Criminal Law Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US