When it comes to partners and corporations, an attorney must be around while filing a bankruptcy. Nonetheless, individuals have the chance to represent themselves or file a bankruptcy without the need of an attorney. While individuals are given the chance to file without a “pro se” or lawyer, doing so successfully is always very hard.
Filing must be proper
One important detail is that bankruptcy cases have to be correctly handled and filed. All the rules involved are quite technical and a single misstep affects the rights of a debtor very much. A good example is where a debtor sees a case dismissed just for not filing the needed document, such as counseling credit certificate and ends up losing protections or the right to further file another case in future. The debtor also loses the automatic stay benefit.
Essentially, even as you think through filing your bankruptcy without a lawyer remembers bankruptcy come with long term legal and financial consequences. Perhaps a bankruptcy DVD could help. This is why no matter what you background is if you want to file for bankruptcy get the most competent lawyer you can.
All details must be true
It is also mandatory for debtors to have all debts and assets listed in their schedules of bankruptcy. In case a debt fails to be listed, there is a possibility of the debt not being discharged. The schedules and other documents are listed on the Form B200, which every debtor needs to file. A judge could deny all debts discharge in case the debtor does a dishonest action connected to the bankruptcy case being filed, for instance hiding or destroying property, lying or even falsifying records. It is also worth noting every bankruptcy is audited randomly towards ascertaining the information completeness, truthfulness and accuracy of information every debtor need to provide. A vital thing worth remembering is fraud in bankruptcy is a serious crime that gets you punished accordingly.
Get all info right
As an individual filing without representation, whether as a creditor or debtor, you are also expected to stick to every rule governing the entire procedures as a federal court expects. You have to be very familiar with the Bankruptcy Procedure in Federal Rules, local court rules where the case has been filed and the Bankruptcy Code of the United States. The local rules including further information useful in the process are usually available in the website or the court or at the intake counter of the local court.
As an individual debtor, you are expected to get credit counseling needed in 180 days from a provider who has been approved for the same, prior to filing a bankruptcy case. Also, filing a compliance statement and a credit counseling certificate given by a provider is a must. If this is not done, the case could be dismissed very easily.
If you are a homeowner who might be finding it hard to make a mortgage payment or has fallen behind in doing so, you have the option of avoiding bankruptcy and foreclosure. If your house is already in a foreclosure you must be very careful with any offers made to you. A huge number of scam schemes targeting people under the threat or already in foreclosure are taking place.