Camden, AR asked in Bankruptcy for Arkansas

Q: Do I need a bankruptcy lawyer?

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3 Lawyer Answers

A: Not such a simple answer. It largly depends on your ability to properly complete the forms required by your local jurisdictions, to properly exempt your assets so as not to lose them to the bankruptcy court, and to timely comply with the requirements of the bankruptcy code and your local rules. You are well advised to seek the counsel of a qualified bankruptcy attorney.

A: Generally, if you find that you do not have enough income coming in monthly to pay your bills, you have reduced your monthly living expenses as much as possible, and you have accumulated a lot of debt from credit cards or medical bills that you have no hope of being able to pay, then you may need to file bankruptcy. You need to contact a lawyer for a bankruptcy consultation. The lawyer will review your assets and your debts and inform you as to the pros and cons of filing bankruptcy. The purpose of bankruptcy is to give you a fresh start. Good luck.

A: You're not required to use a bankruptcy attorney, but if you're not well-versed in bankruptcy law, attempting to handle your own case can result in expensive mistakes.

A few years ago, a study in the Central District of California showed that bankruptcy cases filed without an attorney were nearly 8 times as likely to be dismissed as those filed by an attorney.

The bankruptcy process is far more complex than just filling out forms, from choosing which type of bankruptcy is best for your circumstances and assessing whether you have property at risk if you file to ensuring that you receive all exemptions you're entitled to, provide proper notifications to creditors, dispute any debts that are in question and much more.

Many people who attempt to file bankruptcy on their own end up contacting attorney to help them correct mistakes later, when it may be too late. Trying to save money by filing on your own may cost you much more than you'd pay in attorney fees. And, many bankruptcy attorneys offer free consultations, so you have nothing to lose by talking to someone before you make the decision.

*Kevin Chern is an Illinois licensed attorney who has practiced in federal consumer bankruptcy law and consumer protection law for the last 21 years. He is the Managing Partner of UpRight Law. Kevin's law partners are licensed in all 50 states and work in conjunction with Mr. Chern to provide bankruptcy and consumer legal services in all 50 states. Mr. Chern's answers to the questions are intended for informational purposes only and are not intended to be legal advice. Use of the answers does not establish any attorney-client relationship. For legal advice, you should consult with an attorney licensed to practice law in your state and with appropriate expertise.

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