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Why do you need an attorney to file for bankruptcy protection?

On Behalf of | Mar 13, 2015 | Chapter 13

Well, you don’t. Federal law, which governs bankruptcy, permits individuals to file bankruptcy on their own, without an attorney. The question you have to ask yourself whether you feel confident with dealing with the process, from completing the necessary paperwork to dealing with the trustee and the federal bankruptcy court to do this without an attorney.

The process can be intimidating. Depending on the type of bankruptcy you choose, you will need to complete the proper documentation and if you file a Chapter 13, you will need to file a repayment plan. And you have to work through the “means test” to determine if you are eligible to file a Chapter 7.

You also have to first complete credit counseling before filing. Bankruptcy has many benefits, from stopping harassing phone calls to preventing garnishments or stopping repossessions, but you have to understand how some of those protections work to obtain the benefit of that protection. Would you know how to respond after filing a bankruptcy to your car finance company repossessing your vehicle?

At Rothschild & Ausbrooks, PLLC, we take the time to work with our clients and ensure you understand how the bankruptcy process will work, how long it may take, and what to do in the event of continued creditor harassment.

We can help you create a Chapter 13 plan that will succeed. If you fail to understand how a Chapter 13 plan works, you may find yourself months into a plan that you cannot afford and risk missing payments to a Trustee who could move to dismiss your bankruptcy.

If that happens, you may find yourself back at “square one,” and find your creditors are back at you door. We can help you choose the bankruptcy that is right for you, and that will enable your financial recovery.


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I know you are working diligently for me and my family. It means EVERYTHING to us, and you have been so gracious in your efforts.

Thank you for that, as well as your entire staff. Remarkable.

-Kevin M.

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