St. Louis, MO asked in Bankruptcy for Missouri

Q: Can I file for bankruptcy without hiring an attorney? What are the biggest risks?

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1 Lawyer Answer

A: As in most areas in the legal system, you can proceed with filing a bankruptcy without an attorney. There are serious pitfalls in doing so, as you may needlessly lose assets by failing to apply the exemption laws properly or by failing to use exemption planning prior to filing; you may not fully understand issues regarding what constitutes property of the bankruptcy estate, what is a preference or a fraudulent conveyance; and even if you are able to fully grasp the legal side, you won't have the benefit of having an advocate who is familiar with the local practice in your area to guide you in dealing with the trustee and judge.

Shorter version: yes you can do it, but no you shouldn't.

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