Can I File Bankruptcy Myself?
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Can you file without an attorney representing you? the easy answer is yes. The better answer is, no. Here are 5 reasons not to file for Bankruptcy by yourself
- Judges and Courts won’t show leniency if you don’t have an attorney.
- If you case is filed wrong it will be dismissed.
- If your case is dismissed you may not be able to re-file right away.
- You will not get your $300+ filing fee back if the case is dismissed.
- You may end up having to hire an attorney to fix the pleadings.
It is legal in Texas to file for bankruptcy without legal counsel. But, it’s important to take into consideration all the pitfalls you will encounter, if you meet the necessary qualifications to proceed with a bankruptcy filing.
Most people look at this option for financial reasons, and not because they are knowledgeable in bankruptcy law. Until you decide what type of bankruptcy filing is correct for your situation, you will still have to deal with all creditors and their attempts to extract money from you.
Do You Understand Bankruptcy Law?
You’ll need to understand every aspect of federal and state bankruptcy laws, and how they apply to your situation. Rarely is a layperson equipped to deal with the numerous legal maneuvers, which a bankruptcy lawyer practicing in Texas would use. If you want to do this successfully on your own, you’ll need to spend extensive time studying bankruptcy law, in order to ensure the best possible outcome for your circumstances. Bankruptcy law is a complicated process and should you make any missteps there is no going back and fixing them.
In Texas, a reputable bankruptcy lawyer will give you a free consultation, where they’ll review your circumstances, go over the basic details of your situation, review your paperwork and advise you on a proper course of action. If you do plan to proceed with filing for bankruptcy on your own, you’ll at least have some legal advice to guide you.
Texas Bankruptcy Changes of 2005
The United States Senate passed new Bankruptcy laws in 2005. Reviewing these would be prudent, before proceeding with any bankruptcy filing on your own. Different exemptions apply to different areas of the state, and understanding the full extent of all exemptions available to you will produce a more positive outcome for you and your family.
If you plan to file for bankruptcy on your own, it’s imperative that you protect all assets, giving special attention to equity in your home and vehicle. You’ll also need to decide if you should file with or without your spouse, and understand the problems that could arise from either type of filing. If you have an ex-spouse you may need to take into consideration the effect on them if you file for bankruptcy.
Filing for bankruptcy on your own is a complex undertaking, and needs to be executed properly in order to make sure you and your family are fully protected. If your financial position needs immediate resolution, then it’s not advisable to try and achieve relief on your own. At the very least, attend a free consultation with a Texas bankruptcy attorney and consider asking for installment payments for legal fees.