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Filing Bankruptcy – Hire a Lawyer

filing Chapter 13 bankruptcy

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 we see someone tried to file Chapter 13 pro se and definitely failed.

Example:  Debtor Files Chapter 13 Pro Se (without an attorney)

  • In 2016, the Debtor filed the case.

  • Shortly thereafter,  the case was dismissed.

  • Since the Plan did not address repayment of debts, it was not feasible.

  • In addition, the debt limits exceeded the debt limitations.

  • 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.

  • Therefore, the Court barred Debtor from refiling for 1 year.

  • In September of 2019, the Debtor filed again.

  • The same exact circumstances were present; the Debtor exceeded the debt limitations.  

  • The Debtor’s salary, which was listed in his schedules, did not even come close to repay the arrearages yet alone the other creditors.

  • Although the Court’s findings were the same as in 2016,  the Debtor still objected.

  • 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.
Do You Need to Hire a Lawyer to File Bankruptcy?    I definitely do not recommend you file without expert bankruptcy advice.

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.

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.