Do you need an attorney for Bankruptcy?

Do You Need an Attorney For Bankruptcy?

Corporations and partnerships cannot proceed in bankruptcy without an attorney. Although individual debtors can proceed without an attorney, it is absolutely necessary to consult an attorney first about filing for bankruptcy and then to hire an attorney to represent you in that bankruptcy proceeding.  Here is why.

Attorney’s Expertise

First, without an attorney, the debtor will not have the expertise or depth of understanding of bankruptcy law to complete the bankruptcy.  Do you qualify for Chapter 7? Which type of bankruptcy should be filed, Chapter 7 or Chapter 13? An expert should answer these are questions when the debtor considers filing bankruptcy. As part of the bankruptcy process, the Law Offices of Keith F. Carr can give you a legal opinion as to your compliance with the new bankruptcy law.  

Do you trust a document preparer to do this for you or wouldn’t you like to have an attorney with over 29 years of experience in bankruptcy law determine your compliance under the new bankruptcy law?


Second, one mistake may result in the denial of a person’s discharge and/or dismissal of the bankruptcy case.   If a case is dismissed, it must be re-filed with the payment of another court’s fee.  The debtor is no longer protected by the bankruptcy laws until the case is re-filed.

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. 

Another problem occurs when debtors incorrectly exempt or fail 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 routinely.  The debtor could lose his or her home, car or other asset inadvertently without an attorney’s expertise.

Reduce Stress

Third, clients need an attorney, such as Attorney Keith F. Carr, to reduce stress. Clients are under stress from their financial situations.  From the moment they consult Attorney Keith F. Carr that stress is alleviated.  They are relieved.  This is because clients know their bankruptcy is being handled to stop all collections and financial difficulties they are having.  Fully representing each client, the Law Offices of Keith F. Carr takes care of everything in processing the bankruptcy.

This frees the client’s time up to relax and spend time on other projects and family. You have enough things to worry about besides your finances.  Let attorney Keith F. Carr take care of your bankruptcy.

Avoid Delays

Fourth, hiring a bankruptcy attorney avoids delays. Many times clients’ financial situation requires that they seek bankruptcy protection right away on an emergency basis on the same day or in a week or two at most.   For example, a couple faced with foreclosure of their home will want to avoid delays in the bankruptcy filing that would immediately stop the foreclosure. 

When not represented by an attorney, this could mean the loss of their home.  Clients suffer delays in filing because they do not know how to file a bankruptcy. 

When the Law Offices of Keith F. Carr represents a client, he or she does not have to worry about any delays in the initial bankruptcy filing and obtaining immediate relief under the bankruptcy laws from their financial situation.  Attorney Keith F. Carr will stop the foreclosure of your home or prevent a wage garnishment from taking your hard earned money.

In addition, when an attorney does not represent a client, mistakes may delay a case and ultimately, may delay the granting of the client’s bankruptcy discharge.   With Attorney Keith F. Carr representing them, these clients can be assured that their bankruptcy cases and discharges will not be delayed because of mistakes or errors.

The Law Offices of Keith F. Carr prides itself in charging an affordable attorney’s fee for bankruptcy.

In conclusion, an attorney is indispensable for bankruptcy for the reasons outlined above. A debtor should not undertake to file a bankruptcy without an attorney.

About Author

Keith F. Carr is an attorney practicing Divorce, Estate Planning, and Bankruptcy. Attorney Keith F. Carr has over 30 years experience. Founder of Law Offices of Keith F. Carr, located in San Francisco, San Jose, and Palo Alto, Ca.

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