THE NEW LAW IS COMPLEX; CONVOLUTED; NEARLY IMPOSSIBLE FOR AN AVERAGE PERSON TO DO BY THEMSELVES.
Can you file a bankruptcy petition without an attorney? The answer is yes, however bankruptcy laws have become so incredibly complex that it is extremely difficult to do so. Just figuring out the Means Test is a daunting challenge. Making the right decisions can save you thousands of dollars, making the wrong decisions can leave you in a worse condition than before you filed. If you think you might need to file bankruptcy, now or in the future, we think it is best to consult a qualified attorney of your choice who specializes in bankruptcy and has a good reputation, and let them handle the case for you. Think of the attorney fee as a one time payment of $1,000 to $1,500 that eliminates years of payments that might total tens of thousands of dollars! If you absolutely can't afford to pay an attorney, ask your local bar association for a list of agencies and attorneys who file "pro bono" (no or low fee) cases for low income families.
Bankruptcy preparers (paralegal services) are not allowed to give legal advice, and cannot help you make the right financial decisions. If you think that you may need to file, we strongly urge you to save up and hire an experienced, qualified, bankruptcy attorney.
This is absolutely contrary with the mandatory language that we are required to provide you by the new law, purchased from congress, by your creditors:
"If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. "
You decide who you want to trust more - the credit card industry or an attorney who fights them all the time.
The President has signed into law changes to the bankruptcy system that will hurt most debtors who need bankruptcy help. There is no getting around the fact that this law was good for credit card companies and banks, but bad for the people. However, here are a few things to keep in mind:
The new law does not end Chapter 7. What the new law does is disqualify some middle income debtors, add several hoops that you will have to jump through such as consumer credit counseling, make it more expensive to file, and in some cases limit the kinds of debt that can be bankrupted.
It is estimated that 85-90% of those people who are currently eligible for Chapter 7 will still be eligible under the new law. However, even for those people, a lot more effort will be needed to document your case and prepare the bankruptcy petition. Missing even one critical portion can spell disaster for you and your family.
The worst news for people will be the changes to Chapter 13. If you are considering a Chapter 13, you need to get filed as soon as possible. Remember, your consultation is always free, so if bankruptcy is something you are considering, set up an appointment to find out if you can wait or need to file now.
FEE UPDATE Due to the expected increase in filings leading up to the new law, most attorneys and the Court will need to increase staff during the next few months. As a result the fees for Chapter 7 will be going up. Please refer to our new Fee structure.
Finally, DON’T PANIC, but find out the information you need sooner than later.