Q: Do you have to have a lawyer to file a stay
A:
Your question suggests that you would benefit from consulting an attorney.
In most cases, when a bankruptcy case is filed, a stay takes effect automatically--there is no need to specifically file for a stay. While it is perfectly legal to file for bankruptcy without an attorney, this can be a risky proposition if you don't understand the process. An inventory of cases in one jurisdiction a few years back showed that bankruptcy petitions filed without an attorney were more than 7 times as likely to be dismissed.
Trying to save money by doing it yourself can backfire if you don't understand the process and aren't familiar with the intricacies of the Bankruptcy Code.
*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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