Roseville, CA asked in Bankruptcy for California

Q: Would it be hard for me to file my own bankruptcy without a an attorneys help? I would be filing a chapter 13

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7 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. Very technical and confusing.

1 user found this answer helpful

Ronald Holland
Ronald Holland
Answered
  • Bankruptcy Lawyer
  • Roseville, CA
  • Licensed in California

A: Unless you are willing to learn the law, the rules, the local procedures and the process used by each trustee, it is nearly impossible. It is well worth hiring an attorney if you are trying to have a successful chapter 13.

Remember too that it's not just filing some paperwork. There are events that happen afterward to successfully confirm your Plan and I have never seen a case that didn't have bumps along the wat after that. Your attorney will be there to help for the entire time the case is pending.

1 user found this answer helpful

Michael Jay Berger
Michael Jay Berger
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Yes, too hard! Almost all Chapter 13 cases filed by non attorneys fail. My advice: Hire a certified specialist in bankruptcy law to represent you. Doing so my save your home and save you many thousands of dollars.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: It would be way too difficult. I have been in court when the Judge told a client on their own in a Chp 13 that he strongly urged them to hire an attorney. It's difficult and some of the mistakes you might make could have drastic consequences with no re-course. So you should sit down and discuss it with an attorney.

W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Anybody with about $300 to pay the required filing fee tribute to the Court can file a bankruptcy petition, and complete and file the required Schedules and statements (the Official Bankruptcy Forms are available online).

But, there's wisdom in that old adage about one who represents himself has a fool for a client.

You could read the Bankruptcy Code in its entirety, half a dozen times, before filing, and you'd probably commit at least that many serious missteps.

Aaron Michael Lloyd
Aaron Michael Lloyd
PREMIUM
Answered
  • Bankruptcy Lawyer
  • San Bernardino, CA
  • Licensed in California

A: Yes. Chapter 13 bankruptcy is very complicated and has a lot of technical procedures that if missed can result in the case being dismissed. It is best to hire an experienced bankruptcy attorney who files a lot of chapter 13 bankruptcy cases.

I hope this helps.

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: I agree with my colleagues - I do not recommend attempting a chapter 13 without assistance from an experienced chapter 13 bankruptcy attorney. There is much to consider and analyze. Consult and get the information you need.

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