Insights Into How Our Legal System Works

Bankruptcy Law: Why You Need An Attorney Before You File

21 January 2021 by Yolanda Lane

If your expenses are overwhelming and your income isn't enough to meet those obligations, it can feel as though you are drowning in debts and collection calls. If you feel as though there's no end in sight and you don't have the means to pay your debts, that's when you might start thinking about filing for bankruptcy. Before you jump into a bankruptcy filing by yourself, here's a look at some of the things you need to know about why you should retain a bankruptcy lawyer first.

You Can Build A Sound Bankruptcy Plan

Bankruptcy lawyers have seen bankruptcy filings of all kinds and for many different reasons. That means they understand the court proceedings for many different types of bankruptcy cases. As such, when you're getting ready to file for bankruptcy, a consultation with a bankruptcy lawyer will give you the opportunity to discuss your specific situation and determine the best legal approach to resolve your debts. Some of the considerations include the types of debts that you have to resolve and the assets that you have at your disposal.

Without the experience of a bankruptcy attorney, you may inadvertently make mistakes that could cost you your bankruptcy filing or potentially not get you the best possible outcome.

You Can Stop The Stressful Calls

Retaining a bankruptcy lawyer to help you with the filing and negotiation of your case will also stop any stressful collections calls. By law, when you file for bankruptcy, collection agencies must stop pursuing collection actions, and any contact must be routed through your attorney if you retain one.

If you do not retain an attorney, you'll still likely receive some calls, which can be stressful in the midst of trying to file your bankruptcy and negotiate it with the courts. You'll find that retaining a lawyer is the easiest and least stressful of the options available to you.

You May Have Better Discharge Chances

You will be expected to answer a lot of questions during your discharge hearing. You'll have to explain why you need the bankruptcy, and the courts will want to fully understand your position. Unfortunately, without legal training, you may accidentally say something that could harm your case and your chances of a successful bankruptcy discharge.

Legal representation with a bankruptcy lawyer can protect you from these mistakes, and may even improve your chances of the discharge result that you're looking for. The attorney can speak on your behalf in court, and will know what they can and cannot legally negotiate for as part of your discharge. Contact a bankruptcy attorney for more information.

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