When does someone need a lawyer for a bankruptcy case?

Individuals have a right to represent themselves in court, however bankruptcy is a complex area that involves many considerations – including whether to file, what chapter to file under, and what exemptions to claim. It is important to understand all of the protections of the bankruptcy code in order to make full use of them.

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The right decision for you depends on an evaluation of your family situation, your assets, your obligations and many other factors. It is a very serious step that could affect you for the rest of your life.  It is possible to lose all of your assets in a bankruptcy and still come out owing all your debts.  A lawyer can explain you how the process works and can help you make the right decision. Some debtors use non-lawyer bankruptcy filing services to complete the documents that must be filed with the court. While this may cost less than consulting an attorney, these services are prohibited by law from giving legal advice or representing you in court. If a problem arises they won't be able to help you.  If you are contemplating a Chapter 13 or Chapter 11 case the need to be represented by an attorney is even greater. The complexities of the law make it extremely difficult for a debtor to successfully complete Chapter 13 bankruptcy or Chapter 11 without the assistance of an attorney. A corporation cannot represent itself in a bankruptcy case and must be represented by an attorney. Debtors are strongly encouraged to find competant legal counsel even if you cannot afford to pay an attorney you may be able to qualify for free or discounted legal services depending on your annual income and number of dependents.  There are a number of resources available to help find a lawyer.  Many cities have lawyer referral services listed under lawyer, attorney, or information and referral services in the Yellow Pages of the phone book.  A referral service will give you an appointment with a lawyer for a nominal fee.  Your state and local bar associations are also good sources of information about hiring an attorney and finding free, also known as pro bono, legal services programs. In addition, many laws schools have legal clinics that offer free legal services.  Other resources for finding free or discounted lawyer services in your area include the American Bar Association's legal help at: findlegalhelp.org and the Legal Services Corporation website at: lsc.gov. I hope you found this video helpful and informative to you as you ponder whether bankruptcy is the remedy for you particular situation.  If you have anymore questions about bankruptcy, you may obtain informational brochures from the bankruptcy court and you may access additional information at the bankruptcy court website which includes useful links for debtors.  You can find links to local court websites on the US court's website at: UScourts.gov.  To find your courts website go to the court website locator, choose the bankruptcy court as the court you want to locate and then search by either your city and state, or your zip code. Local court websites often have contact information for Bar Association and pro bono legal services programs, as well as important procedural information.  Another good resource on the US courts website is the link to the bankruptcy basics document. Remember bankruptcy laws of people can no longer pay their creditors get a fresh start by liquidating their assets to pay their debts or by creating a repayment plan, good luck with your fresh start.