DANGERS OF FILING FOR BANKRUPTCY ON YOUR OWN

Posted on 10 14,2014

If you are overwhelmed by debt and other financial obstacles, bankruptcy may be an effective option for your situation. However, it can be difficult to determine if bankruptcy is truly the best course of action for your case without the counsel of a seasoned and knowledgeable bankruptcy attorney. Like many legal matters, you can technically file for bankruptcy without the representation of a lawyer. But is that really a wise choice? Many people think that they cannot afford to pay for an attorney, especially amidst their current debt. On the contrary, it is often true that you cannot afford to not have a legal representative at your side during this time.


Whether you are seeking to file Chapter 7 or Chapter 13 bankruptcy, you will soon find out that it is a much more complicated process than you may have originally anticipated. Not only that, but you must be extremely accurate in all documents, or else you may have your bankruptcy request rejected.

WHY HAVING A LAWYER IS CRUCIAL FOR YOUR BANKRUPTCY CASE

There is no rule or law saying that an individual must have an attorney to file for bankruptcy. So why do districts aim to provide programs and referrals that connect individuals with legal professionals? It is not an attempt to suck debtors dry of any remaining assets they may have. Frankly, there are many obstacles and legal complications an individual will face when they decide to file for bankruptcy.

Consider the following negative aspects of not having legal counsel:

  • You may not have needed to file for bankruptcy in the first place
  • You could be filing under the wrong chapter
  • You may miss or incorrectly fill out certain documents
  • You may select the wrong property exemptions
  • You may face creditor harassment without realizing
  • You may not understand what to do with adversary actions
  • You cannot adequately defend yourself against a denial of discharge

While having a legal advocate on your side during bankruptcy may seem like a luxury, it should be viewed almost as a necessity.

Have more questions? Contact our Virginia Beach bankruptcy lawyers for counsel.

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