Bankruptcy Attorney - Needed or Not?

[Anonymous]

I have chosen to go the route of obtaining an attorney to file my bankruptcy.  However, from others that have filed - what are your thoughts on this?  Is an attorney really needed?  Or, can one go it alone and be just fine?

[DaveInAZ]

I like to save money as much as the next person, and from working in business management I'm fairly familiar with legal documents. But in most cases you're getting rid of tens of thousands of dollars in debt, so is it really worth the risk of screwing that up? One mis-filed form can end up with your case dismissed, so I decided an attorney was a good investment.

[wa3more]

I'm with dave. I have much experience with reviewing legal documents but would not BK on my  own.

an old legal saying - a person who represents themselves has a fool for a client ?

[sarge12]

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@Anonymous wrote:

I have chosen to go the route of obtaining an attorney to file my bankruptcy.  However, from others that have filed - what are your thoughts on this?  Is an attorney really needed?  Or, can one go it alone and be just fine?

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I would not even consider going through BK without an attorney, anymore than I would remove my appendix without a surgeon.

[kberly69]

I'm going to be the lone soul who says yes (well, depending upon the circumstances). I went pro se and had zero problems. I was even given very nice compliments by the trustee on the thoroughness of my paperwork and the fact that I was "one of the few" who followed the instructions on what to bring to the 341 meeting. I filed Chapter 7, no asset. I do think if it gets more complicated than that you may want to reconsider. You have to be organized and detail oriented and don't kid yourself if you're not. You also need the time to do it right. If you're wanting to file in a hurry, that just leads to bad decisions and mistakes. It's really about getting a ton of info together and following directions strictly. I highly recommend the NOLO book on Chapter 7 and forums like this and others to help when you get stuck.That book was my bible for a couple months while I prepared to file and while going through it.

[StartingOver10]

JMO, I wouldn't file BK without an attorney.  Like the others, I too am familiar with legal documents, but a good attorney is a true asset (pun intented)

I do think if you have a very simple case and truly no assets (none), you might be able to file yourself. However, it is generally an emotional time and ripe for errors. 

Having said the above, not all Bk attorney's are the same. Some are good - some aren't. Take your time to interview several if you are going to file - find a good one and stay away from the "Bk mills".  Again, JMO. 

[Anonymous]

I believe you should always consult a bankruptcy attorney before deciding whether to file BK, and here's a good reason why; virtually every reputable BK attorney I know of will give you an initial consultation for free, where you'll review the relevant information with them and they'll reach a determination as to whether filing BK is advisable for you. Most county bar associations and legal-aid services maintain referral services for this and other types of attorneys.

[Anonymous]

Thanks for your reply.  And, no, I am not kidding myself.  I am not organized enough (detail oriented, very much so).  If I were filing for 7 (and it was simple), I probably would try to wing it.  However, with filing 13, I don't want anything to go wrong, especially that I am trying to save my house and vehicle.  Good advice.  As soon as I decided I wanted to file for BK, I sought out sites for help (such as this one) and the NOLO site, as well as a couple of others, to get info and take notes.

[Anonymous]

If you trying to save a house and car yes get a bk attorney.   

[Grafton88]

I would say not only get a bankruptcy attorney but find the best one in your area.  I paid about $1300 in initial fees.  When I look at what my debt was and what my monthly payments were in comparison to others I think it turned out to be a very good deal.

They also make the process very easy to understand.  They knew which forms had to be filed and what records I needed.  I felt very positive going into my hearing.

It is one of the biggest decisions of your life.  Get the best people behind you and good luck.