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 33030

Do I Need a Lawyer to File for Bankruptcy in Zip Code 33030


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 33030
Jeffrey Deen PA
930 N Krome Ave
Homestead, FL 33030
(305) 424-9319
Immigration Law Attorneys
A
631 N Krome Ave
Homestead, FL 33030
(305) 534-8080
Employee Benefits & Worker Compensation Attorneys, Attorneys, Corporation & Partnership Law Attorney
Probinsky, Brent L PA
633 N Krome Ave
Homestead, FL 33030
(305) 247-7200
Civil Litigation & Trial Law Attorneys,  Attorneys,  General Practice Attorneys,  Personal Injury La
Maas John P
44 NE 16th St
Homestead, FL 33030
(305) 247-7132
Real Estate Attorneys, Attorneys, Legal Service Plans
Turner & Lynn
830 N Krome Ave
Homestead, FL 33030
(305) 247-6521
Attorneys, Legal Service Plans, Real Estate Attorneys, Estate Planning Attorneys
Mendoza Law Offices, PA
313 D North Krome Ave
Homestead, FL 33030
(866) 781-5754
Divorce Attorneys, Attorneys, Family Law Attorneys, Immigration Law Attorneys
Mendoza Law Offices
123 N Krome Ave
Homestead, FL 33030
(866) 781-5754
Divorce Attorneys, Attorneys, Family Law Attorneys, Immigration Law Attorneys
Stone Dennis E
45 NW 8th St Ste 107
Homestead, FL 33030
(305) 246-4630
Wills, Trusts & Estate Planning Attorneys, Attorneys, Family Law Attorneys, Legal Service Plans
Abramson, John M
930 N Krome Ave
Homestead, FL 33030
(305) 358-4400
Civil Litigation & Trial Law Attorneys, Attorneys
Luisita
1240 N Krome Ave
Homestead, FL 33030
(305) 246-3768
Attorneys Support & Service Bureaus, Attorneys, General Practice Attorneys
Becker & Poliakoff PA
44 NE 16th St
Homestead, FL 33030
(305) 247-3614
Litigation & Tort Attorneys, Attorneys
Ronald C Rbnsn Law Office
633 N Krome Ave
Homestead, FL 33030
(305) 247-3503
General Practice Attorneys, Attorneys
Homestead Legal Center Of
930 N Krome Ave
Homestead, FL 33030
(305) 248-2886
General Practice Attorneys, Attorneys
Paola Usquelis PA
633 N Krome Ave
Homestead, FL 33030
(305) 247-2722
Immigration Law Attorneys, Attorneys, Immigration & Naturalization Consultants
Losner, Steven D
65 NW 16th St
Homestead, FL 33030
(305) 247-2522
Real Estate Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
Marcus, Michael J
317 N Krome Ave
Homestead, FL 33030
(305) 247-2116
Corporation & Partnership Law Attorneys
Marcus & Marcus PA
200 NE 2nd Dr
Homestead, FL 33030
(305) 340-2087
Corporation & Partnership Law Attorneys,  Attorneys,  Business Law Attorneys,  Insurance,  Real Esta
James Beckham Law Offices
211 N Krome Ave
Homestead, FL 33030
(305) 245-1969
Civil Litigation & Trial Law Attorneys,  Attorneys,  General Practice Attorneys,  Criminal Law Attor
Virlenys H Palma Esq Pa
303 N Krome Ave
Homestead, FL 33030
(786) 292-0809
Attorneys, Immigration Law Attorneys
Peterson, Wade C PA
234 N Krome Ave
Homestead, FL 33030
(305) 247-0333
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Real Estate Attorneys,  Bankruptcy Law Atto
Flaxman Law Group Attorneys-Abogados
30428 S Federal Hwy
Homestead, FL 33030
(305) 621-0099
Attorneys
Flaxman Law Group Attorneys-Abogados
123 N Krome Ave Ste 101
Homestead, FL 33030
(305) 621-0099
Accident & Property Damage Attorneys,  Attorneys,  General Practice Attorneys,  Legal Service Plans
Gerardin Law Offices
211 N Krome Ave
Homestead, FL 33030
(305) 245-0042
Family Law Attorneys,  Divorce Attorneys,  Immigration Law Attorneys,  Immigration & Naturalization
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US