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 Saint Charles, MO

Do I Need a Lawyer to File for Bankruptcy in Saint Charles, MO


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 MO 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 MO 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 Saint Charles, MO
Alessi Deborah J
400 N 5th St Ste 200
Saint Charles, MO 63301
(636) 946-9999
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Labor & Employment Law Attorneys,  Socia
Shea Kohl & Alessi LC
400 N 5th St
Saint Charles, MO 63301
(636) 946-9999
Attorneys,  Social Security & Disability Law Attorneys,  DUI & DWI Attorneys,  Corporation & Partner
Burrows & Stork,
1197 S Duchesne Dr
Saint Charles, MO 63301
(636) 232-9700
Attorneys, Criminal Law Attorneys, Family Law Attorneys, Wills, Trusts & Estate Planning Attorneys,
Mark A. Tolman, P.C.
566 First Capitol Drive
Saint Charles, MO 63301
(314) 456-9632
Family Law Attorneys,  Divorce Attorneys,  DUI & DWI Attorneys,  Child Custody Attorneys,  Bankruptc
Edwards Young & Beilenson LLP
228 N Main St
Saint Charles, MO 63301
(636) 896-9600
General Practice Attorneys, Attorneys, Legal Service Plans
Hoss Law Center
17 Hawks Nest Plz
Saint Charles, MO 63303
(636) 947-9500
General Practice Attorneys, Attorneys, Legal Service Plans
The Taylor Law Firm
400 N 5th St # 201
Saint Charles, MO 63301
(636) 493-9309
Attorneys,  Bankruptcy Services,  Family Law Attorneys,  Corporation & Partnership Law Attorneys,  G
The Zimmerman Law Firm
2850 W Clay St Ste 220
Saint Charles, MO 63301
(636) 493-9309
Bankruptcy Law Attorneys,  Attorneys,  Family Law Attorneys,  Legal Service Plans
Magruder, Rebecca T
118 N 2nd St
Saint Charles, MO 63301
(636) 947-9273
Divorce Assistance,  Attorneys,  Arbitration & Mediation Attorneys,  Family Law Attorneys,  Mediatio
Byrnes & Boehmer Law Firm
1603 Boones Lick Rd
Saint Charles, MO 63301
(636) 949-9000
General Practice Attorneys,  Attorneys,  Legal Service Plans,  Criminal Law Attorneys,  Family Law A
Ahlheim & Dorsey
2209 1st Capitol Dr
Saint Charles, MO 63301
(636) 940-8000
General Practice Attorneys, Attorneys
Gerhardt Henry
721 S 5th St
Saint Charles, MO 63301
(636) 946-7900
Attorneys, Family Law Attorneys, General Practice Attorneys, Legal Service Plans
Beck Elder Law Firm
2777 W Clay St
Saint Charles, MO 63301
(636) 946-7899
Estate Planning Attorneys, Attorneys, General Practice Attorneys
Kielty Michael
60 Hill Pointe Ct # 202
Saint Charles, MO 63303
(636) 940-7771
Criminal Law Attorneys, Attorneys, Legal Service Plans
Strobing Robert
123 N Main St # 201
Saint Charles, MO 63301
(636) 970-7770
General Practice Attorneys, Attorneys, Legal Service Plans
Turken And Porzenski
320 N 5th St
Saint Charles, MO 63301
(636) 940-7500
Family Law Attorneys, Attorneys, Legal Service Plans
Palumbo & Schroeder
2270 Bluestone Dr
Saint Charles, MO 63303
(636) 947-7412
General Practice Attorneys, Attorneys, Legal Service Plans
Julie C Taylor
400 N 5th St
Saint Charles, MO 63301
(636) 947-7100
Bankruptcy Law Attorneys,  Attorneys,  Banking & Mortgage Law Attorneys,  Real Estate Attorneys
Charles W Taylor
400 N 5th St
Saint Charles, MO 63301
(636) 947-7100
Divorce Attorneys,  Divorce Assistance,  Bankruptcy Law Attorneys,  Attorneys,  Criminal Law Attorne
The Taylor Law Firm, P.C.
400 N 5th St,Ste 110
Saint Charles, MO 63301
(636) 947-7100
Adoption Law Attorneys,  Attorneys,  Family Law Attorneys,  Bankruptcy Law Attorneys
Kasper Law Firm
3930 S Old Highway 94
Saint Charles, MO 63304
(636) 922-7100
Attorneys,  Personal Injury Law Attorneys,  General Practice Attorneys,  Discrimination & Civil Righ
Cox, Ryan R and Associates
320 N 5th St
Saint Charles, MO 63301
(636) 946-6886
Attorneys,  Legal Service Plans,  Personal Injury Law Attorneys,  Accident & Property Damage Attorne
Ryterski Louise Law Office
912 S 5th St
Saint Charles, MO 63301
(636) 477-6400
General Practice Attorneys, Attorneys, Legal Service Plans
Clark Martha M
2460 Executive Dr #110
Saint Charles, MO 63303
(636) 922-5529
Adoption Law Attorneys,  Bankruptcy Law Attorneys,  Child Custody Attorneys,  Divorce Attorneys,  DU
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US