Denver, CO asked in Bankruptcy for Colorado

Q: Do I really need a bankruptcy lawyer?

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1 Lawyer Answer
Timothy Canty
Timothy Canty
Answered
  • Bankruptcy Lawyer
  • Evergreen, CO
  • Licensed in Colorado

A: That question is impossible to answer without more information. Some people file a successful bankruptcy without an attorney. However, there are many hazards for the unwary and you could end up with a very unhappy result. See In re Muniz 320 BR 697 (District of Colorado) opinion:

Sadly, this Debtor chose to proceed with the filing of a bankruptcy case without the benefit of bankruptcy counsel. She is one of a growing number of individuals (currently about 15% in this district) who attempt to act as their own attorney. That decision has proven to be extraordinarily unfortunate. This case illustrates a "perfect storm" of bad consequences: the Debtor loses her discharge; she still has a judgment against her in favor of the Trustee for the value of property she failed to surrender to him; and the $21,000 plus of unsecured debt which the Debtor listed in her schedules may not be subject to discharge in any subsequent chapter 7 bankruptcy proceeding. The money that the Debtor saved by not hiring competent counsel is small compared to the amount of debt for which she will continue to be held responsible.

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