Do I Need an Attorney?
March 3, 2023
BENEFITS OF HAVING A HACKENSACK BANKRUPTCY LAWYER
Deciding to file for bankruptcy can be a difficult decision. The first question you should ask yourself is "Do I need a lawyer to file bankruptcy?" The answer is, you can try it on your own, but it is likely that you will immediately regret this decision. If you do not file the required papers correctly, you may be denied the right to file for bankruptcy again. It is highly doubtful that you are will be able to get yourself fully familiar with both the requirements and your rights under sections Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code, including the Bankruptcy Code's Means Test or any of the other many important factors that should be considered prior to filing a Chapter 7 and/or 13 bankruptcy petition. Doing it on your own is very risky. You run a high risk of being penny wise and dollar foolish.
By way of one example, correctly filling out the bankruptcy petition correctly is a crucial step in the bankruptcy process, e.g., if you forget or inaccurately list all of your debts in the petition, then the ones that are missing or not properly named may not be discharged through the Court’s sought after discharge order - if retained, Mr. Alster will order, at no charge to clients, a report called a CIN, which contains a summary of all of the debtors' information concerning their creditors and lawsuits contained in the debtors' credit reports on file with the 3 national credit reporting bureaus, Trans Union, Equifax and Experian. While the CIN ordered by Mr. Alster may or may not 100% perfectly list all of prospective clients’ creditors and the creditors were suing them, this certainly goes a long way toward and makes it a whole lot easier for debtors to reach that goal. Hopefully before you make the decision to file for Chapter 7 or Chapter 13 bankruptcy protection, you do so after receiving the advice of an experienced bankruptcy lawyer.
It is especially important for anyone who owns any "significant" assets, or has monthly, "disposable household income", to 1st seek the advice, guidance and expertise of a bankruptcy attorney such as Mr. Alster who has helped thousands of clients successfully navigate the complex rules and laws involved in filing for bankruptcy protection. Just as it is vital to know what Bankruptcy Chapter to file and when to file for bankruptcy protection, it can also be crucial to know when not to file for bankruptcy protection, e.g., filing a Chapter 7 petition can unnecessarily jeopardize a debtor's ability to keep ownership of his/her home or other significant asset, and the right to receive all of his/her future income. In one such recent example a Chapter 7 petitioner, who already filed without an attorney (which is called representing oneself "PRO SE"), came to seek my advice after the Chapter 7 Trustee, automatically appointed by the Court, began taking action to involuntary sell the debtor’s home which had significant more equity in it than Chapter 7 debtors are able to keep in their homes. The Chapter 7 Trustee, whom I agreed to call at the debtor's request even though I was not retained as his attorney, indicated to me that that she would object to any attempt by the Chapter 7 debtor to voluntary withdraw his case, thus at a minimum making this PRO SE debtor’s case contested - something all debtors want to avoid like a plague. Obviously, this client sought the advice of Mr. Alster or another seasoned/experienced bankruptcy practitioner, the debtor's home would never have been placed in jeopardy. This is the only 1 of many substantive issues, (not to mention procedural ones), that can go wrong when debtors either file PRO SE or fail to retain an experienced bankruptcy practitioner to represent them
When you have money problems, not paying fees to an attorney can seem very attractive. There are paralegals and "document preparation services" who promote how simple a do-it-yourself Chapter 7 or Chapter 13 bankruptcy is. Unfortunately, these statements are misleading. If a petition is filed incorrectly, an attempt to discharge your debts in bankruptcy can leave you in an even more difficult situation than when you started. An experienced bankruptcy lawyer can have a great deal to offer in strategy sessions, and in executing a plan how to best achieve the goals of procuring the Bankruptcy Court's sought after Discharge Order - thereby assuring that debtors get a "fresh start" without their cases unnecessarily getting dismissed or, potentially worse, becoming contested and risking the loss of their homes or other valuable assets .
Also Serving Residents in Teaneck, NJ
Mr. Alster's services also include Alternatives to bankruptcy, such as negotiating mortgage loan modifications, deeds in lieu of foreclosure, short sales and creditor workouts. Often Mr. Alster is retained for more than one of these debt relief solutions, each one of which, in and of themselves, could saves debtors hundreds of thousands of dollars.
Need a Lawyer for A Bankruptcy Case in Hackensack?
Having experienced legal counsel, such as Mr. Alster, to carefully guide you through all meetings, hearings and the entire bankruptcy process is invaluable. In other firms, you may be dealing with an attorney or non-attorney who does not personally handle complicated and non-complicated personal bankruptcies on a day to day basis. Even in a non-complicated when non-sensitive case, the peace of mind in having an experienced attorney to guide you through the maze of paper work and obligations necessary to obtain the U.S. Bankruptcy Court's Discharge Order, is worth paying any reasonable additional amount for legal fees (that a debtor might pay to a non-experienced practitioner or a non-attorney bankruptcy preparer) many times over . Also see other article appearing in this section of our website entitled "How to Choose an Attorney".
If you are having financial hardship and are considering filing for bankruptcy please call or contact our firm for a free confidential bankruptcy consultation with Mr. Alster.