Those filing personal bankruptcy may think they should do it without a lawyer because they cannot afford one. We are bankruptcy attorneys so of course we are going to say, “you really should hire a lawyer”. But the fact of the matter is, you really should.
But don’t take our word for it. Here is an excerpt from the USCourts.gov website:
Businesses must have an attorney to file a bankruptcy case. BUT, individuals may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney it is extremely difficult to do it successfully.
It is very important that a personal bankruptcy case be filed and handled correctly. The rules are very technical, and a misstep may affect a debtor's rights. For example, a debtor whose case is dismissed for failure to file a required document, such as a credit counseling certificate, may lose the right to file another case or lose protections in a later case, including the benefit of the automatic stay. Bankruptcy has long-term financial and legal consequences - hiring a competent bankruptcy attorney is strongly recommended.
If you are considering declaring personal bankruptcy, please contact Black and Buono. We have represented hundreds of clients in all phases of Chapter 7 Bankruptcy and Chapter 13 bankruptcy proceedings, from preparing the initial petition through plan formulation and confirmation.