Filing of Bankruptcy is best and affords you the desired results when you hire a lawyer.
I meet time and time again with clients who previously filed for bankruptcy and did not hire a lawyer (pro se). These filers usually end up in worse shape than before they filed or tried to file bankruptcy on their own. Here is an example:
Chapter 13 Bankruptcy
Example: Debtor Files Chapter 13 Pro Se (without an attorney)
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Debtor filed the case.
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Shortly thereafter, the case was dismissed.
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Since the Plan did not address repayment of debts, it was not feasible.
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In addition, the debt limits exceeded the debt limitations.
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The Court determined the following: (1) case was not submitted in good faith, (2) was filed to hinder, delay, or frustrate creditors, (3) avoid foreclosure efforts and (4) was not submitted for a proper bankruptcy purpose.
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Therefore, the Court barred Debtor from refiling for 1 year.
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Years later, the Debtor filed a Chapter 13 bankruptcy again.
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The same exact circumstances were present; the Debtor exceeded the debt limitations.
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The Debtor’s salary, which was listed in his schedules, did not even come close to repay the arrearages yet alone the other creditors.
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Although the Court’s findings were the same as in his previous case, the Debtor still objected.
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The Debtor wanted to proceed with his case.
Final Court Ruling:
- The Debtor filed again to frustrate creditors from exercising their rights to foreclose.
- The 1-year refiling bar did not deter the Debtor.
- As a result, the Court imposed a 3-year refiling bar.
You cannot abuse the bankruptcy process and/or play games with the Court. You must be a sincere Debtor looking for financial assistance through bankruptcy.
Received a Foreclosure Notice? Before you consider filing bankruptcy without a lawyer, call me for a free consultation. Bankruptcy Law is a specialized field of law. You should always consult a Board Certified Bankruptcy Lawyer.