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Why is it Important to Hire a Lawyer to Help File a Bankruptcy?

United States Bankruptcy has its own set of rules and codes that make up a specialized section of the law. Therefore, there is a defined legal procedure that must be adhered to when filing. This legal process involves both federal and state laws, along with matters ranging from the simple to the difficult.

A lawyer is an integral part of this process. When you hire an attorney, you guarantee guidance and protection through this complex procedure. Specifically, a  lawyer offers:

Assessment of your financial situation. When you first meet with an attorney, an examination of your finances will be done. A good attorney will spend time reviewing your current financial state and offer advice as to the best option for you to take. You will also receive a description of your rights and responsibilities should you decide to file.

Guidance through the complicated legal system. Navigating through the legal maze of codes and regulations can be overwhelming. An attorney can walk you through each step of the filing process and explain all regulations that affect your specific case.

Assurance that your petition is free-of-errors. There is a tremendous amount of paperwork involved with filing a bankruptcy petition. The final petition must have a record of everything related to your financial matters. An attorney will make sure that your petition includes all relevant information and that it is listed in the proper place. It is important to note that every single case is audited by the U.S. Department of Justice, and fraud in filing can constitute a felony. Obviously, you want to ensure that your petition is as accurate and precise as possible.

Protection from creditors. This is important! You do not have to suffer from harassment by creditors (e.g., debt collectors, collection agencies). A good lawyer will explain your rights through the filing process and educate you on which creditor behavior is defined as “abusive” by the applicable regulations. The lawyer may even direct all communication with a creditor to only go through their office.

Legal representation in court. If the need should arise, a lawyer will represent you in court. This assistance is only offered from an attorney. A “bankruptcy petition preparer” or  paralegal cannot represent you in court, as they are uniformly prohibited from practicing law.

About the Author

Haines Meyer has been exclusively practicing bankruptcy law since 2002. He has met with over 1000 clients contemplating bankruptcy and has filed over 500 cases. Mr. Meyer is passionate about helping people who are struggling with debt to achieve financial freedom.

Tucson Bankruptcy Attorneys can provide assistance filing in Tucson. Visit Phoenix Bankruptcy Lawyers for assistance in the greater Phoenix metro area and Gilbert.