Dangers of Filing Bankruptcy Without a Lawyer
Jun 22, 2016
If we have a deep gash on our head, we see a doctor or nurse to give us stitches. If we have a toothache, we go to the dentist to have our cavity filled. Most of us would not attempt to sew up our own wound or pull our own tooth. So why would you think about filing bankruptcy without using a lawyer. Just to save a few bucks?
Understanding All Your Options
When you are looking for debt relief or to file bankruptcy there are a lot of options. Do you qualify for a Chapter 7 Bankruptcy? Are you looking to save your home from foreclosure in a Chapter 13 Bankruptcy? Do you simply need to do a Wisconsin Section 128? Sitting down with an experienced bankruptcy lawyer is crucial. You need to discuss with them your current situation and your goals. An experienced bankruptcy attorney will know the best path for you to take. For example, did you know that if your house in upside down and you file a Chapter 13 Bankruptcy that it is possible to get your second mortgage removed! You didn’t, but an experienced lawyer does!
Filing for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy includes completing extensive and complicated paperwork. Can you properly fill out the forms? Do you know what forms need to be completed and if it is in your best interest to complete them? Have you reviewed and comprehend the current bankruptcy laws? As you fill out these bankruptcy forms you have to beware of the statues that apply to the forms. If you make a mistake in your bankruptcy, it can be expensive and the courts will not care that you were not aware of the laws.
Handling Creditor Objections
In any bankruptcy it is possible for one or more of your creditors to object to the dischargeability of their debts. The creditor may even challenge you receiving a bankruptcy discharge at all. Fighting these objections is very procedurally based. This means that there are very specific actions, requirements, and deadlines that have to be followed. The court is required by law to have little to no tolerance for people who fail to follow the correct procedure.
May Cost You a Lot More
In a Chapter 7 Bankruptcy, the filing of the bankruptcy is voluntary but dismissal of the bankruptcy is not voluntary. Meaning, if you decide that in the middle of your bankruptcy you no longer want to complete it, you CANNOT dismiss your case. As an example, let’s say that you own a house with your spouse and you believe that your house is protected with the homestead exemption amount for a married couple. However, at the court hearing you find out the Trustee is going to sell your home because your name is the only one on the deed and therefore you are not able to use the exemption amount for a married couple. You don’t want to lose your home, you want out! At that point it is too late, there is no dismissing your case. An experience bankruptcy attorney would have known the laws and made sure that any potential problems like this are dealt with prior to the filing of the bankruptcy or if necessary advise you not to file bankruptcy at all.
We understand the need to save money. You may be living check to check right now and the thought of having to spend money to get out of debt is unsettling. However, not having an experienced bankruptcy lawyer handle your case could cause even more problems for your future. Pedersen Law Office, LLC offers free bankruptcy consults and will meet with you personally to discuss your specific circumstances and see what options are available for you. Our law office serves the communities of Appleton, Neenah, Menasha, Oshkosh, Green Bay and their surrounding areas.