Why Do I Need a Bankruptcy Attorney?
Filing for bankruptcy gives people a chance to get their financial health in shape. However, since bankruptcy involves complex laws and legal proceedings, navigating the entire process alone can be extremely challenging for the average person. While the law allows people to file for bankruptcy without legal assistance, it is typically recommended to get legal help when considering bankruptcy.
Based on a recent report by the U.S. Bankruptcy Court, people who have filed for bankruptcy without legal representation are ten times more likely to have their bankruptcy cases dismissed or requests for debt discharge denied than those who have a lawyer working with them. Aside from this, you might need a West Palm Beach bankruptcy attorney if the following applies to your case:
You Don’t Know Which Bankruptcy Chapter is Right For You
For instance, Chapter 7 can stop creditors and discharge qualifying debts. However, some debts can only be discharged by filing for Chapter 13. Also, if you need to save your business, Chapter 11 may be the best option for you.
You Don’t Know Which Debts You Can and Cannot Discharge
With Chapter 7, you can discharge some debts, such as:
- Personal loans
- Payday loans
- Utility bills
- Medical bills
- Credit card balances
- Unpaid lease and rent payments
- Deficiency judgments
- Auto loans, if you are letting go of your vehicle
- Unpaid contracts, such as gym memberships and the like
On the other hand, you cannot simply discharge some debts with bankruptcy:
- You can only wipe out tax debt that is more than three years only if it meets certain stringent qualification requirements.
- You cannot discharge child support or alimony arrearages when you file for bankruptcy.
- You cannot discharge fraud and DUI-related debts if your creditor objects.
- Liens against properties are not dischargeable except under specific circumstances.
- Generally, student loans can’t be discharged with bankruptcy. However, depending on your situation, you may be able to have them discharged due to undue hardship by filing a lawsuit.
- You cannot discharge tax debt you have paid with your credit card and marital property settlement payments by filing for Chapter 7, but it is possible to have them discharged by filing for Chapter 13.
You Don’t Know How to Compile, Complete, and File The Necessary Paperwork
All court cases normally involve extensive paperwork. Incorrectly filling out a document, filing it past the deadline, or not having all the required paperwork could hurt your case or lead to its dismissal. An experienced West Palm Beach bankruptcy attorney will handle all the paperwork for you and ensure that you file the correct documents within the deadline.
You Don’t Know How to Deal With Creditors and Debt Collectors
Debt collectors and creditors will do everything they can to collect payments from you. If you have a West Palm Beach bankruptcy attorney on your side, your attorney will handle all communications with creditors and collectors.
Get In Touch With an Experienced West Palm Beach Bankruptcy Attorney Today
Filing for any type of bankruptcy can change your life and, hopefully, save your finances.
To learn more about the process and what to expect when you decide to file for bankruptcy, call 561-658-1789 or complete our online form to arrange your free case evaluation with Brian McMahon, our West Palm Beach bankruptcy attorney.