Is it really risky to file Chapter 7 Bankruptcy without a Lawyer?

Asked over 4 years ago - Lake Havasu City, AZ

Not trying to take anything away from all of you. I just wonder, because if I had an extra $2500 laying around for attorney fees, I probably could pay my bills.

Attorney answers (4)

  1. Matthew M Ellingson

    Contributor Level 13

    1

    Lawyer agrees

    Answered . It has been my experience that I have saved people as much or more property in a Chapter 7 than the attorney's fees cost. Obviously, that is dependent on a whole host of issues, but talking to an attorney is usually beneficial.

    The problem with trying to file a Chapter 7 on your own is that you really only get one shot at filing this right. If you file and property that you thought might have been exempt is in fact not, you will not be able to automatically get your case dismissed.

    Best of Luck,

    And if you want more information about filing bankruptcy, feel free to look through my website: www.bkminute.com

  2. Brian David Lerner

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Hello:

    As with most legal petitions or applications, you could do it yourself. The question is what will happen when something is not done correctly, or you answer something incorrectly, or you do not get something discharged that could have been discharged, or you possibly get the case dismissed or discharged barred. To answer your question, it is probably in your benefit to get an attorney to help you.

    Regards,

    Brian D. Lerner
    Attorney at Law

  3. Mitchell Paul Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Bankruptcy is a very complex area of law. I have seen may people file themselves and have problems. Few do it correctly. Is the risk worth saving the cost of having an attorney file correctly? Are the attorney fees worth what you are trying to discharge?

    Think about it and at least talk to attorney.

  4. Marc Gregory Wagman

    Contributor Level 17

    1

    Lawyer agrees

    Answered . If you have any money or property you are taking a major risk. If you don't have money or property then it is still a risk because the law is much more complicated since the law change in 2005. Of course there is the old cliche, if you represent yourself as your own lawyer you have a fool for a client. When I see pro se litigants in court or at meeting they are usually bamboozled by the process and wish they would have hired an attorney. You should shop around on the fee's, but if you have assets then the fee may be reasonable. It just depends on your situation what the bankruptcy fee's a lawyer will charge you.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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