Since debtors facing bankruptcy are experiencing financial hardship, the last thing the debtor wants to do is have to pay exorbitant legal fees to an attorney to file his or her bankruptcy case.
Thus, debtors often ask whether they need an attorney to file a bankruptcy case for them. The answer is no. As with most lawsuits, there is no requirement that a licensed attorney represent the litigant and file the lawsuit. The debtor may file the case without legal representation.
However, practically speaking, debtors who do not hire an attorney to file their bankruptcy case are debtors with no assets or property. If you do have assets or property, it is too risky to file a bankruptcy case alone.
Even if you do not have assets, it is not recommended that you file a bankruptcy case without an attorney. The Bankruptcy Code is dense and full of complex rules and concepts. There are also several deadlines that must be monitored and met. If you are unfamiliar with the bankruptcy laws, it is easy to have your case thrown out on a technicality.
Hiring a New York bankruptcy attorney can be the difference between you keeping your home and your car or not. Because bankruptcy deals with your assets, it is not worth going at it alone and potentially making a mistake that could have been avoided.
An attorney can also protect you from harassment by creditors. Once you inform creditors that you have legal representation, you can instruct them to cease communication with you and contact your counsel instead. Creditors can legally still contact you, but your attorney will step in and contact your creditors so they do not need to make harassing calls to you.
Hiring a good bankruptcy attorney is worth the money spent to help you get a fresh start and rebuild your financial life. The attorney will focus on your bankruptcy case and protecting your assets and legal interests allowing you to focus on future earnings and moving forward with your life. You will save far more money in the long run by hiring a bankruptcy attorney to file your case for you.