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Bankruptcy Attorney San Francisco, San Jose, Sunnyvale

Do You Need An Attorney For Bankruptcy?

Do you need an attorney to file for or to represent you in Bankruptcy?  Individual debtors can proceed without an attorney in Chapter 7, 11, and 13. So why hire one? Hiring a bankruptcy attorney is highly recommended because any one mistake may result in the denial of a person's discharge and/or dismissal of the bankruptcy case.

Mistakes include the failure to file the proper documentation within the time period set by court deadlines and the failure to competently complete the bankruptcy documentation. For instance, the debtor may fail to list a creditor on the Bankruptcy petition. In that case, the debt owed to that creditor will not be discharged.

Another example is the failure by the debtor who is representing himself or herself to file the Certificate of Credit Counseling received upon completion of credit counseling prior to bankruptcy. The failure to file this piece of paper will result in dismissal of the case. The same thing can happen when the debtor fails to file the Certificate of Debtor Education. 

Another problem occurs when debtor incorrectly exempts or fails to exempt certain assets. The debtor may lose those assets in Chapter 7 from incomplete or improper paperwork.  In the case of a Chapter 7, the trustee may sell assets not exempted resulting in the loss of an asset that otherwise could be retained by the debtor.

Affordable Attorneys Fees

Attorney Keith F. Carr charges affordable bankruptcy fees. Low cost Bankruptcy attorneys make filing for bankruptcy possible and convenient. 

Attorney Keith F. Carr charges an affordable fixed fee for Chapter 7 when compared to other lawyers who charge a substantial premium fixed fee, $2,500 to $3,000 for even a simple Chapter 7 case.  Attorney Keith F. Carr charges only a fraction of this premium fixed fee that other lawyers charge for a simple Chapter 7 case.

When you complete the Bankruptcy Evaluation Form, your Bankruptcy Evaluation will include a quote of attorneys fees in your case.  Your actual attorneys fees will depend on the complexity of your case and your financial situation. Payment plans are available.

Repayment of your creditors may be straining your income from employment. For instance, the monthly payments on your credit card debts (usually covering interest only) may require you to devote a significant portion of your paycheck.  This could amount to thousands of dollars each month.  Or you may have unexpected medical bills which make it impossible to cover your monthly credit card or car loan payments.   Or you may have ever increasing payday loans, which prevent you from meeting the required monthly payments.   Or your wages are about to be garnished.

Attorney Keith F. Carr prepares and guides you through the entire process.  Attorney Carr does not take shortcuts. The Chapter 7 fixed fee includes full representation in Chapter 7, including preparation of Chapter 7 petition, legal counseling on all matters in the Chapter 7 Bankruptcy, Attorney Carr's appearance at the Meeting of Creditors with you. 

Chapter 7 versus Chapter 13

What is the difference between Chapter 7 and Chapter 13? In Chapter 7, the debtor makes no payment of any kind nor is there a mechanism to pay creditors. If qualified, Debtor is simply given a Chapter 7 discharge and has a fresh start. But what if the debtor is behind on mortgage payments, wishes to pay off his or her car, or owes back taxes which cannot be discharged in Chapter 7? Chapter 7 cannot help the debtor in this situation.

Chapter 13 provides for repayment of debts over a three to five year period. It provides a way for debtors to repay missed mortgage payments or to pay for his or her car over a 3 to 5 year period. Likewise, debtors can repay back taxes (which otherwise could not be discharged in Chapter 7) over a 3 to 5 year period.

Finally, a debtor can only obtain one Chapter 7 discharge ever 8 years. In Chapter 13, a debtor may obtain another Chapter 13 discharge every 2 years from a previous Chapter 13 or 4 years from a previous Chapter 7.