Antioch, TN asked in Bankruptcy for Tennessee

Q: Do I need a bankruptcy layer?

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1 Lawyer Answer
Kevin W. Chern
Kevin W. Chern
Answered

A: You're not required to have an attorney to file bankruptcy, but if you are not familiar with the intricacies of the bankruptcy process, the applicable exemptions, what property may be at risk, the different types of bankruptcy available, etc. then you may find that it costs you more to attempt to file bankruptcy on your own than it would to hire a bankruptcy attorney.

A study a few years back revealed that bankruptcy cases filed pro se (by the debtor without an attorney) were about 7 times more likely to be dismissed as those filed by attorneys. There are several reasons for that, beginning with the fact that a bankruptcy attorney can help you assess your eligibility to file before you make the investment to cases being dismissed due to errors in the process when debtors are unfamiliar with the Bankruptcy Code and procedures.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.

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