Why Filing Bankruptcy Without An Attorney Could Be Costly

May 29th, 2010 by Reed Allmand

1. Both Chapter 7 bankruptcy and Chapter 13 bankruptcy are complex legal systems that require in-depth knowledge of the law.  Oftentimes, individuals attempting to file bankruptcy without the help of a bankruptcy attorney make mistakes that can cause them to have their case dismissed or even land them in prison (in the case of bankruptcy fraud).
2. When a debtor files bankruptcy without the help of an attorney, creditors may feel more confident to challenge their repayment plan in the case of a Chapter 13 bankruptcy or their bankruptcy discharge in the case of a Chapter 7 bankruptcy. Working with a bankruptcy attorney will provide a debtor with a knowledgeable person who can successfully defend them against creditor attacks.
3. When a debtor works with a bankruptcy attorney they are better equipped to protect more of their assets.  Since the bankruptcy attorney understands which types of properties can be exempted from seizure during bankruptcy, he/she is better able to effectively protect the debtor’s assets during bankruptcy.  One of the biggest problems debtors face in bankruptcy when they file without an attorney is that they often underutilize the bankruptcy exemptions available.  It is important that debtors understand that the bankruptcy trustee will not educate them on the intricacies of the law or their exemptions; but he/she will do his/her best to make sure that creditors get repaid as much as possible.
4. And finally, debtors who file bankruptcy without the help of an attorney are more vulnerable to a bankruptcy trustee’s misjudgments and errors.  Oftentimes, bankruptcy attorneys are compelled to challenge a bankruptcy trustee’s decision but to do so takes knowledge and experience, two assets most debtors lack when it comes to the bankruptcy law.