Should you File for Bankruptcy Without an Attorney? 

 Should you File for Bankruptcy Without an Attorney? 

Bankruptcy concept on the background of a modern building. close up.

Unlike you intend to file a business bankruptcy; an individual debtor does not require a bankruptcy attorney Charleston, WV to file for bankruptcy relief. However, it is not always a good idea to handle the bankruptcy case independently. Regardless of you filing for bankruptcy independently, it would be in your best interest, based on – 

  • If you were filing for Chapter 7 or Chapter 13 bankruptcy 
  • The property and the amount of your income 
  • The complications of your case 
  • If you were comfortable researching and handling your case independently 

When you might not require a bankruptcy attorney 

Do you have a simple Chapter 7 bankruptcy case? Rest assured that you would have a better chance of completing your case without a bankruptcy attorney. It would be inclusive of – 

  • Little or no property 
  • Household income below the median income level of the state 
  • No recent property transfers or payments to creditors 
  • Your creditor is unlikely to dispute any debt 

However, remember that even filing a Chapter 7 bankruptcy needs adequate time and research. If you were looking forward to completing your case, acquiring a discharge, and not place any of your property at risk, you would be required to – 

  • Learning about the working of bankruptcy laws 
  • Accurately filing various bankruptcy forms and schedules 
  • Researching the exemptions of the state 
  • Following all rules and procedures relevant to completing the process 

When you might not require a bankruptcy attorney 

It would be in the best interest of any bankruptcy filer to hire the services of a bankruptcy attorney. Rest assured that individuals could represent themselves in the correct circumstances. It would be dependent on the case and the comfort level of an individual. 

However, when it comes to a business filing for bankruptcy, it would require an attorney to handle the bankruptcy case, as a company cannot represent itself. 

Individually filing for Chapter 7 

You may handle a simple Chapter 7 bankruptcy case, but for a complicated bankruptcy case, consider hiring an attorney, especially if you – 

  • Having a higher income disqualifying you from filing under Chapter 7 
  • Have several assets at risk 
  • Own a business 
  • Have nondischargeable bankruptcy debts 
  • Transferred valuable assets out of your name recently 
  • Have creditors challenging your discharge 

Individually filing for Chapter 13 

This powerful financial tool would enable you to – 

  • Catch up on your missed car loan and mortgage payments 
  • Reduce the interest rate or principal balance on your car loan 
  • Eliminate unsecured junior liens from the home using lien stripping 

Rest assured that Chapter 13 is more complex and labor-intensive than Chapter 7. You would require the services of a bankruptcy attorney and a suitable repayment plan. 

 

David Curry

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