Sunday, May 23, 2010

Bankruptcy Lawyer - To File on Your Own Or Not To

Because those facing bankruptcy are already in financial dishevelment, and there is no law dictating that you must use a bankruptcy lawyer when filing, it may seem sensible to file the procedures yourself. You, however, are advised to consider that, most likely, you would most likely not decided to fix your own roof, diagnose your own illness, or deliver your own child even though there are no laws stating that you cannot. Likewise, it is advised that you seek the advice and guidance of a professional. Handling the case yourself and seeking the knowledge of experience can mean the difference in escaping the trial with enough financial reserves to start anew and having an experience that is stressful and unsuccessful.
Another option for filing bankruptcy is to seek the services of a petition preparer. These are professionals who take your information and transfer it to the correct legal documents. The misconception amid bankruptcy filers is that these preparers have legal training. This is not the case. In fact, these professionals are little more than typists who legally only have to right to enter your information as you present it to them. They cannot give any legal advice or represent you in court, and the only option should legal questions arrive is to be referred to a practicing bankruptcy lawyer. Most filers will now find themselves paying for two separate services. Petition filers, without the advisement of an experienced lawyer, often give general information that results in the client making erroneous decisions, and it should be noted that any legal advice given by petition preparing services is considered practicing law without a license, and such a practice is illegal.
A skilled and trained lawyer is the best option for filing. A bankruptcy lawyer will guide you through the entire process beginning with reviewing your case and suggesting the pros and cons of your options. This area of law is a dynamic field in which the laws are constantly being reviewed and changed, and the upfront cost of an attorney will ultimately save you money as the assets and money lost by inadequate or even illegal advice of petition filers could be exponential.
Filing yourself or using petition services may be a better option if you have no assets or other interests that you stand to lose, but even in this case, it will behoove a filer to partake of the sound experience of a qualified professional.

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