Why Do I Need a Bankruptcy Lawyer?
Individuals often ask if they can go through bankruptcy without a lawyer. While the law does not require
anyone to have a lawyer in order to file for bankruptcy relief, there are several reasons that having
an experienced professional handle your case makes sense.
The 2005 amendments to the United States Bankruptcy Code made an already complex area of
the law even more difficult to understand and to navigate. Some of the new law provisions
include an approved credit counseling requirement (both before and after filing), median
income thresholds and means testing, the necessary calculation of current monthly income
(which is not simply the income you are currently earning), and several new document production
requirements. The failure to comply with many of the requirements of the new law can result
in the dismissal by the court of your case.
The new law also changed the rules on exemptions. These are the laws that permit a debtor
to legally safeguard certain property from creditors and the Trustee in bankruptcy. Simply
determining what State’s
rules apply to a particular case has become a point requiring careful and knowledgeable analysis. Failing
to properly apply these rules can result in the loss of substantial assets in bankruptcy that could have
been protected through by the proper handling of your case by a professional.
There are also situations where you are better off not filing a bankruptcy at all. In these
limited situations, an ill-advised filing can be a trap which gives creditors rights or opportunities
to take property from you that they could not get to outside of bankruptcy. These are circumstances
that a non-professional would rarely recognize.
Finally, it is important to remember that the Trustee who will be representing creditors
collectively in your case ,as well as any individual creditor attorneys, are professionals.
They will not and cannot be looking out for your interests. You deserve an experienced debtor’s attorney to guide you through
the process and make sure that your interests are well served and your rights are protected.
Florida Businessman Sentenced For Bankruptcy Fraud As conditions of supervised release, LeNeve was also ordered, among other things, to cooperate fully with the Internal Revenue Service, and, upon request of the
Pensacola Man Convicted of Bankruptcy Fraud Evidence at trial proved that the McPhersons devised a scheme to defraud the Bankruptcy Court. McPherson’s wife, Jeanette McPherson, filed a voluntary bankruptcy petition
Do YOU need A Bankruptcy Lawyer? Individuals often ask if they can go through bankruptcy without a lawyer..
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Site Map | Resource Center | Bankruptcy Blog | Serving the following North FL. Counties: Alachua, Gilchrist,
Levy, Dixie, Columbia, Bradford, Union, Putnam, and Marion and the Cities of
Gainesville, Ocala, Lake City, Starke, Cedar Key, Palatka, High Springs, and
Keystone Heights We are a debt relief agency.
The information you obtain at this
site is not, nor is it intended to be, legal advice. You should consult a
Florida Bankruptcy Lawyer for individual advice regarding your debt situation.
