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 32079

Do I Need a Lawyer to File for Bankruptcy in Zip Code 32079

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 32079
The Ticket Clinic A Law Firm
18500 NE 5th Ave
Miami, FL 33179
(305) 653-9993
Traffic Law Attorneys, Attorneys
Chesser & Barr, PA
1201 Eglin Pkwy # B
Shalimar, FL 32579
(850) 651-9944
Family Law Attorneys,  Corporation & Partnership Law Attorneys,  Arbitration & Mediation Attorneys,
Petersen G Nickolas
1201 Eglin Pkwy
Shalimar, FL 32579
(850) 651-9944
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Criminal Law Attorneys,  Arbitration & Medi
Cohen Holly PA
1380 NE Miami Gardens Dr Ste 255
Miami, FL 33179
(305) 945-9449
Carolyn Robbins Jury Smltns
1933 S Oak Haven Cir
Miami, FL 33179
(305) 932-9332
Attorneys Support & Service Bureaus, Attorneys, Legal Service Plans
James C Campbell Pa
4 11th Ave Ste 2
Shalimar, FL 32579
(850) 651-9313
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorne
Innes Law Firm PL
380 Golf Brook Cir
Longwood, FL 32779
Attorneys, Real Estate Attorneys, Legal Clinics
Webster David A
1220 Commerce Park Dr # 207
Longwood, FL 32779
(407) 862-9222
Attorneys, Criminal Law Attorneys, General Practice Attorneys, Legal Service Plans
Rosenfelt Family Law
2152 Woodbridge Road
Longwood, FL 32779
(407) 462-8787
Child Custody Attorneys, Divorce Attorneys, Domestic Violence Attorneys, Family Law Attorneys, Gener
Harold R Cohen
1400 NE Miami Gardens Dr
Miami, FL 33179
(305) 940-8065
Attorneys Referral & Information Service, Social Security & Disability Law Attorneys, Attorneys
Jay Scott R
1575 NE 205th Ter
Miami, FL 33179
(305) 249-8000
General Practice Attorneys, Attorneys
Scarita Services Inc
19500 NE 21st Ct
Miami, FL 33179
(305) 249-8000
Jack A Kaleita Law Offices
1220 Commerce Park Dr
Longwood, FL 32779
(407) 831-7800
Attorneys, Criminal Law Attorneys, Family Law Attorneys, General Practice Attorneys
Elsie Turner
115 Wild Hickory Ln
Longwood, FL 32779
(407) 329-7650
Bankruptcy Law Attorneys,  Attorneys,  Bankruptcy Services,  Legal Clinics
Alamo & O'Toole, P.A
1031 Ives Dairy Rd
Miami, FL 33179
(305) 373-7575
Accident & Property Damage Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Legal Service Pla
Schaefer Paul N
1220 Commerce Park Dr # 105B
Longwood, FL 32779
(407) 774-7122
Family Law Attorneys, Attorneys, Criminal Law Attorneys, Wills, Trusts & Estate Planning Attorneys,
Keidaish Jr Philip F
320 W Sabal Palm Pl # 300
Longwood, FL 32779
(407) 682-6842
Real Estate Attorneys, Attorneys
Mark Thush, P.A.
605 N Longview Pl
Longwood, FL 32779
(800) 583-6602
Family Law Attorneys
Hausler & Angelo
195 Wekiva Springs Rd Ste 206
Longwood, FL 32779
(407) 389-6033
Criminal Law Attorneys, Family Law Attorneys, Attorneys
Bress Law Firm
1041 Ives Dairy Rd
Miami, FL 33179
(305) 654-5757
Elder Law Attorneys
Henrietta Pace
25 Sierra Drive
Miami, FL 33179
(305) 528-5667
Real Estate Attorneys
Webb Wells & Williams
280 Wekiva Springs Rd Ste 2090
Longwood, FL 32779
(407) 865-5600
Civil Litigation & Trial Law Attorneys, Attorneys
D Fish Express
500 NE 185th St
Miami, FL 33179
(305) 249-5506
Environment & Natural Resources Law Attorneys, Attorneys
Miller Bruce A 6
5 Clifford Dr
Shalimar, FL 32579
(850) 609-4830
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US