Why You Shouldn’t File for Bankruptcy Alone


It’s a do-it-yourself society today and when people are filing for bankruptcy, they often don’t even think about hiring a lawyer that will help them do it. This is a big mistake. The bankruptcy rules in Florida are complex. Failing to follow them, or making even one small mistake on a document can get your bankruptcy denied. That means you won’t get the financial help you desperately need. A Fort Lauderdale bankruptcy attorney will help ensure that doesn’t happen and that your case has the greatest chance of success possible. Below are just a few of the ways an attorney will help with your bankruptcy case.

An Attorney will Interpret Relevant Bankruptcy Laws

Bankruptcy laws in Florida are extremely complex, and they are also very numerous. It takes a great deal of time to sort through all of the different laws, understand them, and determine which ones apply to your case. An attorney will understand all of these things immediately after reviewing your case. A lawyer will also keep up to date with bankruptcy laws, which are constantly changing.

An Attorney Can Determine Which Type of Bankruptcy You Should File

There are several different types of bankruptcy, of which Chapter 7 and Chapter 13 are the most common. Each type of bankruptcy will discharge different debts, and each has different eligibility requirements. Comparing the two types of bankruptcy and all the factors associated with each is challenging. Understanding which one is right for you is even harder. An attorney will outline all of your options and then advise on which type of bankruptcy is best for you.

An Attorney Will Protect You from Lenders

When you file for bankruptcy, lenders are generally barred from contacting you again trying to collect on the debt. However, not all creditors abide by this law. They often continue to try and collect the debt, and may even threaten you. If you don’t have an attorney representing you, it can be difficult to get these calls to stop. If you do have an attorney, you can simply advise creditors of that and provide them with your lawyer’s contact information. The chances are they won’t contact you again, and they won’t contact your attorney, either.

An Attorney Will Save You from Mistakes

There is a lot of paperwork involved when filing for any type of bankruptcy. It’s not only time-consuming to complete, but it’s also very confusing, too. The terms and clauses are not written in a way many people can understand, and it’s easy to make a mistake.

The most common mistakes made when filing for bankruptcy are filing in the wrong court, failing to file the correct document, and failing to attend credit counseling courses. When these mistakes happen, they are often very costly. It can cause your entire bankruptcy case to be thrown out, requiring you to start the process all over again.

An attorney will ensure these mistakes are not made. While you will still have to gather information, such as banking statements, an attorney will tell you exactly you need. They’ll also deal with the paperwork they are extremely familiar with, so you don’t have to.

An Attorney Will Protect Your Rights

During bankruptcy proceedings, the creditor is working against you. They don’t want your bankruptcy case to be successful, because then they won’t be able to collect on the debt. As such, they’ll try to do whatever they can to disrupt your case. This often happens in the Meeting of Creditors, a requirement in any bankruptcy case. During this meeting, you are sworn in and must provide answers under oath. If it’s found you were not honest with your answers, you could face perjury charges.

Typically, the Meeting of Creditors is simply a formality and is largely uneventful. Sometimes, though, a creditor will try to use a shady tactic to hurt your case. For example, they may ask why you made large payments to other creditors recently, but not to them. They may also ask where your assets are located. They are doing this to rattle you, and to attempt to get you to say something that will hurt your case. An attorney will not let them get away with these tactics and will ensure your rights are protected.

An Attorney will Negotiate with Creditors

If you’re filing a Chapter 13 bankruptcy, you may have to negotiate with creditors to determine a reasonable amount of debt to pay back. With this type of bankruptcy, you don’t usually pay back the full amount. During a Chapter 7 bankruptcy, creditors may argue the amount of debt discharged, or file a lawsuit during the waiting period. A bankruptcy will negotiate with all of these creditors, and attempt to stop lawsuits filed just prior to your bankruptcy claim.

An Attorney Will Give You a Better Chance of Success

Lastly, but perhaps more importantly, an attorney will give you a better chance of success with your bankruptcy case. There’s a lot that can go wrong in bankruptcy, and an attorney will make sure those things don’t happen. Bankruptcy attorneys are professionals who deal with bankruptcy law and bankruptcy claims every day. They know the system, what’s required of you, and how to give you the best chance of success with your claim. This provides the confidence and reassurance you just don’t have when filing a claim on your own.

Call a Florida Bankruptcy Lawyer Who Can Help with Your Claim

If you’re struggling with high amounts of debt and are considering bankruptcy as an option, do not consider doing it yourself. A Fort Lauderdale bankruptcy lawyer is one of the best resources you have to help ensure your claim is successful.

At Loan Lawyers, we’ll handle every aspect of your claim so you have to worry about your debt as little as possible. We will file your claim and speak to creditors on your behalf to get the matter resolved as quickly as possible. We know you want to move on with your debt-free life, and we want to help get you there. Call us today at (954) 523-HELP (4357) or contact us online for your free consultation.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact us for a free consultation to see how we may be able to help you.