For many, deciding to file for bankruptcy is often a last resort. This is an incredibly complicated process that requires a considerable number of documents and decisions. If you’ve researched this process, you may have discovered that some choose to file pro se, or without an attorney, and decided this option is right for you. However, it’s imperative to understand that this is not often recommended for several reasons. The following blog explores what you should know about the dangers of pursuing this process on your own and the importance of working with Franklin County bankruptcy lawyers.
What Is a Pro Se Bankruptcy Filing?
When you file for bankruptcy, you are essentially declaring that you are unable to pay your debts. This option can provide relief, as it allows you to discharge your debts, meaning it removes the legal obligation to repay outstanding balances. However, this process is not as simple as filing and immediately seeing a change. You’ll need to decide which chapter you wish to file, which, for consumers, is either Chapter 7 or Chapter 13. Chapter 7 is a shorter liquidation process that puts more of your assets at risk, while Chapter 13 will place you on a three to five-year repayment plan that allows you to keep your property.
Essentially, to file for bankruptcy pro se means to file without an attorney. It is critical to understand that if you wish to file, you do not technically need legal representation, as you are within your rights to represent yourself during this matter. Though you may not have an attorney, you may enlist someone to assist you in preparing your legal documents for this process. However, they cannot provide legal advice or assist you in this process; they are relegated to entering the information you provide into your bankruptcy petition on your behalf.
Why Do I Need an Attorney for Bankruptcy?
While there is no law stating that anyone who wishes to file for bankruptcy must have an attorney to represent them, it is in your best interest. Bankruptcy is a complicated and often overwhelming process, with a tedious amount of paperwork and incredibly nuanced laws. As such, a misunderstanding of the law or error on a form can not only impact your ability to obtain debt relief, but you could potentially face criminal consequences. For example, if you forget to list an asset during your filing, the court may view this as an attempt to intentionally defraud the court or your creditors. As such, this can result in you facing criminal charges.
To better understand the importance of connecting with an attorney, they can assist you in some of the following ways:
- Which chapter is best for your circumstances
- Advising you on the tax consequences you can face after filing
- Help you complete your forms
- Advise you whether or not to continue paying your creditors
- Communicating with creditors and your bankruptcy trustee
- Understanding which assets are exempt
The importance of working with an experienced attorney to file for bankruptcy is something that cannot be emphasized enough. While you may assume it’s more cost-effective to navigate this process on your own, the risk of making errors that are much more costly. If you are ready to begin this process, the team at Cousino & Weinzimmer LLC is ready to assist you through this process. Contact our office today to learn how we can represent you.
