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Should I hire a bankruptcy attorney?

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by , 08-08-2011 at 06:29 PM (1522 Views)
It is possible to file for bankruptcy without an attorney but it is not advisable. Bankruptcy law is complicated and an improper application of the law can adversely affect your case. A case may be dismissed or even worse, creditors may get more than they are entitled to. While trying to save money from not hiring an attorney, the debtor can lose more money by not having the proper protection from creditors. If a debtor were to choose to proceed without an attorney, they should at least consider whether they can handle two of the most vital roles of the bankruptcy attorney:

Filing for bankruptcy: this may be the most complicated part of the bankruptcy proceedings. The debtor should at least seek some consultation or advice for this part of the proceeding to understand what debts will need to be paid back, what assets you will lose and which assets are protected. This can be a complicated and tedious task that can lead to a case being thrown out or assets unnecessarily being lost if not handled properly.

Handle creditors: The bankruptcy attorney will know what the creditors have a right to do and what they do not have a right to do and they can protect the debtor from creditors. The creditors may negotiate a plan for more money than they are entitled to, or file motions or suits that should be dismissed, or continue to make harassing calls without the proper protections of an attorney.
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Bankruptcy Law