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 32034

Do I Need a Lawyer to File for Bankruptcy in Zip Code 32034


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 32034
Mckeel, J Thomas PA
303 Centre St Suite 103
Fernandina Beach, FL 32034
(904) 261-9437
Probate Law Attorneys,  Attorneys,  Civil Litigation & Trial Law Attorneys,  Construction Law Attorn
S Perry Penland Jr PA
26 S 5th St
Fernandina Beach, FL 32034
(904) 277-8227
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Penland Jr S Perry
26 S 5th St
Fernandina Beach, FL 32034
(904) 277-8227
Attorneys, Accident & Property Damage Attorneys, Legal Service Plans, Insurance Attorneys
Germano Ross
501 Centre St
Fernandina Beach, FL 32034
(904) 491-7999
General Practice Attorneys, Attorneys, Criminal Law Attorneys, Family Law Attorneys, Legal Service P
Lennon Andrea
961687 Gateway Blvd # 101L
Fernandina Beach, FL 32034
(904) 277-7095
Corporation & Partnership Law Attorneys, Attorneys, Real Estate Attorneys, Legal Service Plans
McCranie Daniel I PA
26 S 5th St
Fernandina Beach, FL 32034
(904) 261-6838
Employee Benefits & Worker Compensation Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Acci
Alvarez, Alexa K
960194 Gateway Blvd
Fernandina Beach, FL 32034
(904) 261-6755
Family Law Attorneys, Attorneys, Legal Service Plans
Shroads James L
914 Atlantic Ave # 2E
Fernandina Beach, FL 32034
(904) 491-6346
Real Estate Attorneys, Attorneys, Legal Service Plans
Brim Daniel S
501 Centre St # 107
Fernandina Beach, FL 32034
(904) 261-6113
Wills, Trusts & Estate Planning Attorneys, Attorneys, Real Estate Attorneys, Legal Service Plans
Rogers Towers PA
960185 Gateway Blvd
Fernandina Beach, FL 32034
(904) 261-5618
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Legal Service Plans,  Corporation & Partner
Mullin Michael S
960185 Gateway Blvd
Fernandina Beach, FL 32034
(904) 261-5618
Civil Litigation & Trial Law Attorneys, Attorneys
Farah & Farah
501 Centre St
Fernandina Beach, FL 32034
(904) 261-4440
Personal Injury Law Attorneys, Civil Litigation & Trial Law Attorneys, Attorneys
Harrell & Harrell PA
208 N 6th St
Fernandina Beach, FL 32034
(386) 328-3999
Civil Litigation & Trial Law Attorneys, Attorneys
Garrett Mollie
474427 E State Road 200
Fernandina Beach, FL 32034
(904) 491-3700
Bankruptcy Law Attorneys, Attorneys
Scholz Richard J
961687 Gateway Blvd # 201
Fernandina Beach, FL 32034
(904) 261-3693
Civil Litigation & Trial Law Attorneys, Attorneys
Latham Dawn R. P.A.
2384 Sadler Rd
Fernandina Beach, FL 32034
(904) 432-3343
Adoption Law Attorneys, Attorneys, Family Law Attorneys
Davis Clyde W
960185 Gateway Blvd Ste 104
Fernandina Beach, FL 32034
(904) 261-2848
Civil Litigation & Trial Law Attorneys, Attorneys
Davis & Martin Pa
960185 Gateway Blvd # 104
Fernandina Beach, FL 32034
(904) 261-2848
Attorneys, Family Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Civil Litigation & Trial
Purcell Flanagan Hay & Greene PA
961687 Gateway Blvd
Fernandina Beach, FL 32034
(904) 277-2788
Attorneys, Wills, Trusts & Estate Planning Attorneys
Robert D Bernard, PL
5211 S Fletcher Ave, Suite 265
Amelia Island, FL 32034
(904) 261-2600
Bankruptcy Law Attorneys, Consumer Law Attorneys, Attorneys
Cascone, John Joseph Esq
101 Centre St
Fernandina Beach, FL 32034
(904) 261-2353
Criminal Law Attorneys, Attorneys, Legal Service Plans
Kathryn Knee PA
1027 S 8th St
Fernandina Beach, FL 32034
(904) 491-1781
Attorneys, Wills, Trusts & Estate Planning Attorneys, Family Law Attorneys
Peters Robert
28 S 10th St
Fernandina Beach, FL 32034
(904) 491-1083
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Poole & Poole PA
303 Centre St
Fernandina Beach, FL 32034
(904) 261-0742
Criminal Law Attorneys,  Attorneys,  Family Law Attorneys,  Wills, Trusts & Estate Planning Attorne
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US