What is Pro Se Bankruptcy?

: Chris Lee Law Firm

  Filed under: Bankruptcy

Pro Se bankruptcyPro Se Bankruptcy is the filing for bankruptcy without the assistance of an attorney. Because filing for Chapter 7 or Chapter 13 bankruptcy is a complex process with many forms that need to be filled out correctly, the US Bankruptcy Courts always recommend seeking the advice and counsel of an experienced bankruptcy attorney before attempting to file. Because each form must be filled out exactly right, successful debt discharge rates for Pro Se bankruptcy filers is less than 1%.

Why Hire a Bankruptcy Attorney

Bankruptcy law is second only to tax law in complexity and constant law changes. It is for this reason, that hiring a bankruptcy attorney is so highly advisable. A competent and experienced  Fort Worth  bankruptcy attorney can help advise you on which chapter of bankruptcy to file, which debts are likely to be discharged, what property you can keep, the tax consequences of filing, which creditors to continue paying, and give you an overall explanation of bankruptcy law and the process filing.

Local Bankruptcy Rules Different from District to District

Another reason Pro SE Bankruptcy is so risky is that rules differ from bankruptcy district to bankruptcy district. A local bankruptcy attorney will not only know those rules but how bankruptcy law is interpreted in the particular court in which you will be filing for bankruptcy. This can equate to the difference between having your debts discharged or wiped, or having your case dismissed, or removed from the bankruptcy courts without any debt relief.

While there are tools available for pro se bankruptcy filers such as access to the bankruptcy schedules and non-attorney bankruptcy petition preparers, only a bankruptcy attorney, who passes the bar exam and is legally licensed to practice law in the state you live can offer advice on how to fill out the many forms needed to file for bankruptcy. It is for all these reasons that a bankruptcy attorney will quickly pay for themselves in helping you avoid pitfalls that trip up pro se bankruptcy filers and allow you to achieve the ultimate goal of bankruptcy: discharge of your debts for a new financial start.

 


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