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There are many websites, legal kits, and
books that tell you filing bankruptcy by yourself without an
attorney is easy, quick, and inexpensive. They also tell
you that most bankruptcies are "routine" and do not require you
to spend money on an attorney to be able to do it properly.
Even if your bankruptcy is "routine" that
does not mean it is "easy". Removing your appendix is a
"routine" procedure for a skilled surgeon, but that does not
mean it is easy and that you should try doing it yourself at
home. What makes many bankruptcies "routine" is the proper
preparation, knowledge, and skill of an experienced attorney.
Good attorneys, much like professional athletes, make it look
easy. The behind-the-scenes preparation and work needed to
get things to go smoothly is not always apparent.
You may be thinking "Well, of course you'd
say that I need an attorney because you're an attorney!".
There is no doubt we are biased in favor of having an attorney
because we are a law firm. Having said that let me say
this: "You need an attorney representing you in your
bankruptcy, EVEN IF IT IS NOT US!" We would rather see
you be properly represented by our competition than see your
financial life ruined by improperly representing yourself in
bankruptcy court.
You have the right to represent
yourself in your bankruptcy case, but hiring a competent bankruptcy attorney has many
advantages. If you represent yourself you must prepare
your own petition, schedules, and statements. These
documents are commonly 30 to 60 pages long. You may have
to take time off from work and travel to the courthouse and file
your case. You will still have to pay the court filing
fee. You must learn the relevant sections of the
Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the
local Fort Worth bankruptcy rules, and all the state laws that
may affect your bankruptcy case. You will be held to the
same standard as an attorney as there are no separate set of
rules for people representing themselves.
You may also
be required to review
reaffirmation agreements, send out notices to all parties
entitled to notice in your case, make amendments to your
pleadings, deal with creditors and their
attorneys, deal directly with the trustee, respond to motions
made by other attorneys and creditors, and represent
yourself in front of the bankruptcy judge.
Bankruptcy is
an extremely complicated area of law and even minor mistakes can have huge consequences.
(Click here to see all the courses The Law
Offices of John Saitis attends in order to keep current on the
law.) Hiring an
attorney to represent you in your bankruptcy will save you hours
of work and worry. It could also save you tens-of-thousands of dollars in
costly mistakes you might make representing yourself.
Click here to see what some of our
clients had to say about their experience filing bankruptcy with
us.
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