When contemplating a bankruptcy filing, you may assume that you have a relatively simple Chapter 7 case on your hands. With that, you may start to question whether you need legal representation to guide you through this process. Please follow along to find out the potentially negative possibilities when filing for bankruptcy without hiring a proficient Louisville, Kentucky consumer bankruptcy lawyer from Schwartz Bankruptcy Law Center.
Can I file for bankruptcy without legal representation?
The short answer is, yes, you are allowed to file for bankruptcy without a lawyer in the state of Kentucky. This is otherwise known as a “pro se” filing, as you will be representing yourself in your upcoming bankruptcy proceedings. With this choice, though, you may still hire a bankruptcy petition preparer. This is a non-lawyer (i.e., paralegal or typing service) who completes your necessary bankruptcy paperwork for a fee.
Importantly, you must disclose your use of a bankruptcy petition preparer with your initial filing. From here, the Kentucky Bankruptcy Court may hold a hearing to ensure the preparer’s services did not violate Section 110 of the United States Bankruptcy Code. Also, they must confirm that the preparer did not offer you any legal advice at this time, as this is against bankruptcy rules and regulations, as well. It is worth mentioning that the court does not endorse or license preparers. So, please be aware that you are utilizing their services at your own risk.
What might happen if I file for bankruptcy without a lawyer?
Even though a pro se bankruptcy filing is accepted by the Kentucky bankruptcy court does not necessarily mean that they encourage it. Without further ado, without a lawyer, you may possibly make one or more of the following irreversible mistakes:
- You may not understand that you do not need a bankruptcy case, but you could manage with alternative debt relief options.
- You may not understand what paperwork you must submit and create delays or increased costs for your bankruptcy case.
- You may not understand what information needs to be disclosed in your paperwork, and be accused of bankruptcy fraud.
- You may not understand what assets are exempt and fail to protect them during your bankruptcy (i.e., house, car, etc).
- You may not understand what debts are dischargeable and fail to release them from your responsibility after your bankruptcy.
- You may not understand that your creditors are exploiting you and illegally attempting to collect on debts during your bankruptcy.
In conclusion, if you are ready to make matters right, please retain the services of a talented Louisville, Kentucky consumer bankruptcy lawyer as soon as you can. We at Schwartz Bankruptcy Law Center look forward to receiving your outreach. There is no initial commitment necessary; all we ask is that you schedule a free phone consultation with us first.
