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 Bristow, IN

Do I Need a Lawyer to File for Bankruptcy in Bristow, IN


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 IN 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 IN 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 Bristow, IN
Dunlap Roberta S
122 North St
Evansville, IN 47715
(812) 402-9970
Bankruptcy Law Attorneys, Attorneys
Eric Marshall
2802 Mishawaka Ave
South Bend, IN 46615
(574) 234-9334
Probate Law Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
Garnett Law Office
101 Plaza East Blvd
Evansville, IN 47715
(812) 266-9329
Attorneys,  General Practice Attorneys,  Bankruptcy Services,  Legal Service Plans,  Bankruptcy Law
Lopp & Lopp
2405 N Green River Rd
Evansville, IN 47715
(812) 422-8890
Attorneys
Woodring Patricia K
700 S Green River Rd
Evansville, IN 47715
(812) 479-8721
Attorneys, Legal Service Plans
Salmon, Bradley J
700 S Green River Rd
Evansville, IN 47715
(812) 479-8721
Attorneys, Wills, Trusts & Estate Planning Attorneys, Divorce Attorneys
Rounder Keith E
700 S Green River Rd
Evansville, IN 47715
(812) 479-8721
Corporation & Partnership Law Attorneys, Attorneys, Business Law Attorneys
Born D Timothy
700 S Green River Rd
Evansville, IN 47715
(812) 479-8721
Attorneys, Legal Service Plans
Price Gary K
700 S Green River Rd
Evansville, IN 47715
(812) 479-8721
Attorneys, Patent, Trademark & Copyright Law Attorneys
Martin George G
3442 Stellhorn Rd
Fort Wayne, IN 46815
(260) 486-8607
Attorneys, Wills, Trusts & Estate Planning Attorneys, Legal Service Plans
Price Adria S
101 Plaza East Blvd # 316
Evansville, IN 47715
(812) 475-8444
Attorneys, Tax Attorneys
Rowe R Kent
1003 N Hickory Rd
South Bend, IN 46615
(574) 233-8200
Accident & Property Damage Attorneys, Legal Service Plans, Attorneys
Berger & Berger
4424 Vogel Road, Suite 405
Evansville, IN 47715
(812) 425-8101
Personal Injury Law Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
Canada Robert
5111 Lincoln Ave
Evansville, IN 47715
(812) 477-7999
Criminal Law Attorneys, Attorneys
Murphy Michael C Elder Law Pc
1001 N Hickory Rd
South Bend, IN 46615
(574) 235-7950
Elder Law Attorneys,  Estate Planning Attorneys,  Estate Planning, Probate, & Living Trusts,  Atto
Siesky Law Firm
4424 Vogel Rd Suite 305
Evansville, IN 47715
(812) 402-7700
Attorneys,  Labor & Employment Law Attorneys,  Corporation & Partnership Law Attorneys,  General Pra
Loop & Zoss
2405 N Green River Rd
Evansville, IN 47715
(812) 425-7171
Attorneys,  Accident & Property Damage Attorneys,  Legal Service Plans,  Wrongful Death Attorneys
Wright & Lerch
2001 Reed Rd Ste 100
Fort Wayne, IN 46815
(260) 423-6655
Attorneys, Collection Law Attorneys, Legal Service Plans, Family Law Attorneys, Divorce Attorneys, L
Lavallo Stephen S
5000 E Virginia St Ste 4
Evansville, IN 47715
(812) 477-6510
Attorneys, Legal Service Plans
Spaetti Charles A
5011 Washington Ave # 103
Evansville, IN 47715
(812) 477-6483
Attorneys, Civil Litigation & Trial Law Attorneys
Mcdonald Richard J
3530 Windingwood Dr
South Bend, IN 46615
(574) 234-6066
Attorneys
Mc Intosh Jerry L
3601 Hobson Rd Ste 209
Fort Wayne, IN 46815
(260) 471-6000
Attorneys
Mosbey Family LLP
6240 Chestnut Ct
Evansville, IN 47715
(812) 479-5937
Attorneys
Blackburn & Green
3420 E Morgan Ave
Evansville, IN 47715
(812) 471-5744
Accident & Property Damage Attorneys, Personal Injury Law Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US