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 32083

Do I Need a Lawyer to File for Bankruptcy in Zip Code 32083


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 32083
Maria G Pitelis PA
1380 Alt 19
Palm Harbor, FL 34683
(866) 524-9941
Family Law Attorneys, Attorneys, Divorce Attorneys, Estate Planning Attorneys
Billiris Tom
2311 Alt 19 # 4
Palm Harbor, FL 34683
(727) 943-9466
Probate Law Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
Daniel J Rose PA
323 NE 6th Ave
Delray Beach, FL 33483
(561) 266-9057
Probate Law Attorneys, Real Estate Attorneys, Wills, Trusts & Estate Planning Attorneys, Attorneys
Tavares Gerald
3060 Alt 19
Palm Harbor, FL 34683
(727) 781-9000
Attorneys, Legal Service Plans
Genet Paul B
775 County Road 1
Palm Harbor, FL 34683
(727) 538-8865
Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Legal Service Pla
Bill Beck Law
3202 Alt 19 Suite B
Palm Harbor, FL 34683
(727) 942-8855
Family Law Attorneys,  Attorneys,  Child Custody Attorneys,  Divorce Attorneys
Garcia Rivera Luis
2706 Alt 19 # 223
Palm Harbor, FL 34683
(727) 772-8818
Elder Law Attorneys, Attorneys
Saberson Roger G
70 SE 4th Ave
Delray Beach, FL 33483
(561) 272-8616
Attorneys, Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys, Corporation & Partnersh
Kupfer Richard A
833 Eastview Ave
Delray Beach, FL 33483
(561) 684-8600
Farnsworth Shane M
70 SE 4th Ave
Delray Beach, FL 33483
(561) 272-8337
Civil Litigation & Trial Law Attorneys,  Attorneys,  Landlord & Tenant Attorneys,  General Practice
Haasch Fran
1275 Nebraska Ave
Palm Harbor, FL 34683
(727) 784-8191
Attorneys Referral & Information Service, Attorneys
Total Attorneys - Divorce
PO Box 273963
Delray Beach, FL 33483
(561) 526-8169
Divorce Attorneys,  Attorneys,  Family Law Attorneys,  Legal Service Plans
Early Jeremy
5824 Pebble Ridge Dr
Milton, FL 32583
(850) 983-8080
Criminal Law Attorneys, Attorneys, General Practice Attorneys
Granoff & Kessler
8501 SW 124th Ave
Miami, FL 33183
(786) 352-8004
Attorneys, Family Law Attorneys
Angelis Angie
6528 Kendale Lakes Dr # 1202
Miami, FL 33183
(305) 382-7888
Real Estate Attorneys, Attorneys
The Lewis Law Group PA
1115 SE Ocean Ln
Port Saint Lucie, FL 34983
(772) 286-7861
Labor & Employment Law Attorneys, Criminal Law Attorneys, Attorneys
Florida Health Care Law Firm
909 SE 5th Ave
Delray Beach, FL 33483
(561) 455-7700
Medical Law Attorneys, Attorneys
Krall, Mark L
190 SE 5th Ave
Delray Beach, FL 33483
(561) 276-7424
Wills, Trusts & Estate Planning Attorneys, Attorneys, Real Estate Attorneys, Estate Planning Attorne
Listick Michael M
190 SE 5th Ave
Delray Beach, FL 33483
(561) 276-7424
Real Estate Attorneys, Wills, Trusts & Estate Planning Attorneys, Attorneys
Listick & Krall PA
190 SE 5th Ave
Delray Beach, FL 33483
(561) 276-7424
Attorneys, Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys, Estate Planning Attorne
W C 848 Holding
8501 SW 124th Ave
Miami, FL 33183
(305) 456-7174
Real Estate Attorneys, Attorneys
Sumrall, H Cassedy Jr
355 NE 5th Ave
Delray Beach, FL 33483
(561) 272-7040
Attorneys,  Elder Law Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Real Estate Attorneys
Scarlett Charles E
160 SE 6th Ave # B
Delray Beach, FL 33483
(561) 278-6707
Attorneys,  Legal Service Plans,  Banking & Mortgage Law Attorneys,  Attorneys Referral & Informatio
Armstrong, Angela M PA
1018 Nebraska Ave
Palm Harbor, FL 34683
(727) 785-6200
Bankruptcy Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US