You might be asking yourself:
Should I hire a bankruptcy attorney or can I file bankruptcy myself?
It’s a logical question because the truth is, you’re struggling financially and you would like to keep your money if possible. So, what should you?
The quick answer is the U.S. Bankruptcy Court strongly recommends individuals hire a competent attorney rather than represent themselves. Why?
- Bankruptcy Legal Assistance Video
- Bankruptcy Laws Are Not Debtor Friendly
- Qualifying for Chapter 7 is Now Harder
- Benefits of Hiring The Law Offices of Paul Y. Lee
- Non-Attorney Document Preparation Services
Bankruptcy Legal Assistance Video
As the bankruptcy video explains, clearly, it is not advisable you represent yourself in bankruptcy. Because you can lose all of your assets, or fail to discharge debt, our experienced Riverside Bankruptcy Attorney or Orange County Bankruptcy Lawyer is your best option.
Bankruptcy Laws Are Not Debtor Friendly.
Bankruptcy laws have existed historically since the 1800’s but they did not help debtors. Bankruptcy merely put a freeze on the debtor’s assets to avoid a free-for-all raid by creditors while the debtor was imprisoned. Over the years, the laws have changed. Debtor’s prisons were abolished and the concept of a “fresh start” emerged as debtors restarted their life financially. Slowly, debtors gained more privileges and rights and bankruptcies were becoming much easier, at least until 2005. On October 17, 2005, former president George Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) which turned the bankruptcy laws far back in favor of creditors.
Qualifying For Chapter 7 Bankruptcy Is Now Harder
Post 2005, the question isn’t whether you qualify for Bankruptcy but what Chapter? Having raised the qualification requirements for a Chapter 7 Bankruptcy, some argue BAPCA’s sole intent was to force more people into a Chapter 13 Bankruptcy repayment plan. To qualify for the elimination of debt in a Chapter 7 bankruptcy you must:
- Show proof of income and calculation of income
- Prove there is no presumption of abuse
- Pass the Means Test which is an income and expenses calculation test. (Note: bankruptcy judge can still deny a discharge even if you pass the Means Test when reviewing the totality of the circumstances)
- Enroll in pre and post filing credit counseling
- Properly file your papers or risk having them discharged
- Properly claim your exemptions or waive protection of your assets
- Be subject to a possible random and scheduled audit of your case to ensure the accurate reporting of your financial documents
Benefits of Hiring The Law Offices of Paul Y. Lee
The Riverside Bankruptcy Attorneys and Orange County Bankruptcy Lawyers of California Bankruptcy Relief will always represent your best interests. Our bankruptcy attorneys will:
- Stop the foreclosures, garnishments, lawsuits and creditor harassment
- Represent you in Bankruptcy Court
- Represent you at the 341 Meeting of Creditors Proceeding
- Prepare all of your petition, schedules and all local forms for filing
- Apply all necessary California exemptions to protect you
- Plan your bankruptcy to protect your assets legally
- Answer and advise you every step of the way
Filing bankruptcy is one of the most important decisions you can make financially. Don’t leave it to chance. If you have assets such as a home, cars or money, then you need an experienced Riverside Bankruptcy Attorney or Orange County Bankruptcy Lawyer.
Mistakes can lead to costly errors and even dismissal of your case. If this happens, you will have to hire an attorney who will then have to correct your errors, file motions to reinstate your case or appear at an adversarial hearing and charge you thousands of dollars more.
Non-Attorney Document Preparation Services
Hire a Riverside Bankruptcy Attorney for Asset Protection, Legal Advice, Filing Bankruptcy, Bankruptcies, Bankruptcy Court and More
Some people have tried non-attorney document preparation services that quickly prepare bankruptcy documents based on the information you give them. Granted you may save a little money but “you get what you paid for”. These services only guarantee that they’ll get your bankruptcy papers filed quickly without every being rejected. But filing your papers alone doesn’t mean you’ll receive a discharge – and isn’t that the goal? More importantly, filing is just the beginning. A document prep service cannot provide you legal advice, they cannot advise you on how you can protect your assets, and cannot represent you in Court. They are a non-attorney, non-licensed, essentially data entry company.
The Bankruptcy Lawyers at The Law Offices of Paul Y. Lee can help you today. We represent clients who seek bankruptcy advice and look to discharge debt through Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. Contact Us and an experienced Riverside Bankruptcy Attorney or Orange County Bankruptcy Lawyer will evaluate your case and review your options.
What this page covers
Bankruptcy Representation, Legal Advice, Eliminating Debt, Bankruptcy Court, File for Bankruptcy, Bankruptcy Laws, Asset Protection, Bankruptcy Law Office, Planning for Bankruptcy, Creditors, Chapter 7, Chapter 13, Personal Bankruptcy, Business Bankruptcy, Hire an Attorney, Bankruptcies, Bankruptcy.
