Is it easier/better to use a lawyer to file BK?

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Do you find it easier or better if you use a lawyer or have any of you found that doing it yourself has just as well of an outcome?

Thanks,
April

[guzzie]

hi April and welcome.....read through alot of these posts...there are many people who do ok filing pro se....if you have the time and patience to go through bk process it is not impossible.....my own bk had legal issues such as judgement avoidance, etc. so in my case the lawyer was the best way to go....you have to decide which may be best for your situation.....if your case is not complicated no asset who knows....maybe get a couple of free consults by different attys and see where you stand......best of luck to you....guzzie

[PaKettle]

Do you find it easier or better if you use a lawyer or have any of you found that doing it yourself has just as well of an outcome?

Thanks,
April

Every attorney will DEFINITELY tell you that you need an attorney. Consider the source...

If nothing else, go talk to a couple attorneys, to see what pitfalls your case might have so you can cover those bases or prepare for them in case you do it yourself.

IF your case is a slam dunk, no asset Ch. 7 and you definitely fall withhin the means test guidelines, and IF you are very good at reading bureaucratic forms and filling them out, and are very detail oriented and have plenty of time to read through all the instructions, carefully fill everything out, and maybe read through the NOLO Ch. 7 book, and if you have no questionable balance transfers or anything in the past 3-6 months.... then maybe you can do your own. Certainly some do so with success.

Personally, although I am usually a very do it yourself kind of person, I decided to let an expert do it, in this case. If you look around you can probably find someone to do it for less than $1500 - I found one guy for $1000, though I dont know how good he may be... I just decided that it's way too much bureaucratic b.s., to do it myself.

But I very much would like to do it myself, at least then it's in your own hands, no one to depend on, no one else to screw it up for you... It's very much a lesser of evils kind of debate...

[B12]

Well said Pa. I, also, am a do it yourself person but after much thought, I decided there is no way I will have the time or patience for it. It is money well worth spent.

Might I add, I usually have no use for the lawyering business.

[PaKettle]

Might I add, I usually have no use for the lawyering business.

Me, neither! In fact, just interviewing them is making me sick to my stomach! Literally! I hope we find one next week because I can't take this. Seems to me some of them are trying to scare us into thinking we need their expert services. They must be hungry for money and trying to "scare up" business!

I had an accident case a few years ago in which we were the plaintiffs, clearly in the right, and even then the attorneys and judges gave me the willies. (No offense to the good attorneys that help out here! I know there ARE good attorneys, I even have a good friend who is one. It's just that all those I've had professional business with have been jerks and made me feel slimy.) By the way, we got screwed in the lawsuit, got almost nothing for what is perhaps life-long pain and suffering from being rear ended! So you can perhaps see why I'm less than trusting of attorneys.

[SinkingFast]

Whether you choose to use an attny or not,...........

You need to research and learn so you know what's happening with your case. The right questions to ask. How to present your information. Etc.

This is YOUR BK. Not your attny's.

Learn so you know what to expect.

[cathywhite4495]

Whether you choose to use an attny or not,...........

You need to research and learn so you know what's happening with your case. The right questions to ask. How to present your information. Etc.

This is YOUR BK. Not your attny's.

Learn so you know what to expect.

Excellent advice! I filed pro se but it's not for everyone. My case was pretty straightforward so I decided to go it alone. As others have said, get the Nolo book and get an idea of what is required. You'll get an idea of whether it is in your comfort zone to file pro se. The book also gives some idea of when you need to get an atty.

[JRScott]

If you have assets to protect, or if you have a lot of intermingled business and consumer debt I would highly recommend getting a lawyer.

I think Pa summed it up well above.

I at first was going to do mine pro se. However we all have limited time and after some research and finding this forum I decided it was better for me to get a lawyer even though my case was pretty straightforward. It has given me a lot of piece of mind.

I hope all goes well for you April, Good Luck.

[BassBoy]

Agreed

Whether you choose to use an attny or not,...........

You need to research and learn so you know what's happening with your case. The right questions to ask. How to present your information. Etc.

This is YOUR BK. Not your attny's.

Learn so you know what to expect.

I agree with SF. If the filer is wanting to go it alone, then the filer MUST gain the knowledge and understand the laws and codes, like an experienced BK attorney would.

[Logan]

My last day for objections is friday and at this point if I could do it all over again I would still use an attorney. I had some great advice from this site but my attorney's opinion was different and so far it's working out. Also, I was able to put my BK out of mind since that is why I'm paying an attorney. At my 341 my attorney knew the Trustee and we even had a conversation with him before hand. The trustee knows what to expect from an attorney he/she has done business with which helped in my situation. Also, I have checked pacer only twice and done my best to not think about my BK since there is nothing I can do at this point and if any issues arise my attorney will know before me and will already know the best course of action to take.

Without an attorney I would have been stressed due to certain things that I see people worry about on this board that my attorney said shouldn't be a problem. I probably would check pacer daily and cause more undue stress. Also, I see alot of people leaving out information on their paperwork and having to amend or other circumstances that happen that if they had hired an attorney they may have never even known about because the attorney would have taken care of.

Bottom line, IMO you are better off if you find an attorney you're happy with. If you can do all the research yourself and be able to handle the paperwork and situations (reaffirmation etc) that will arise then go for it but I highly recommend an attorney.

Make sure your attorney has experience--look for BK attorneys and divorce attorneys. Divorce attorneys don't necessarily advertise themselves as BK attorneys but they are usually quite experienced with BK's.

After my discharge in a week or so I will tell everyone my experience with a few items since I had a few 'issues' that I see as common questions. on this board.

Logan

[freshstart06]

We did it pro se because we just could not afford a lawyer or any mistakes a lawyer may make in our case. We were well over the median, my husband income alone. So far so good, easy 341 meeting and now awaiting closing. For me, If I had to do all over again I would go pro se only as long as I did not have assets.

I don't think I would have tried this if I had assets. Bk is so unpredictable. You will read post where people were successful filing pro se and some that had problems. Same situations if you filed with a lawyer, you just don't know what the trustee of US trustee will do.

In the end it is a call you have to make. However, it will not hurt to get set up one of those free sessions with a lawyer to at least measure where you stand. We even did that and was told by a lawyer that we could file pro se with no problem even being over the median but he may have said that after he realized we had no money LOL>

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Thank you all for your great advice. We are going to use a lawyer. I would be too nervouse that I would miss something and we do have some questionable balance transfers in just this month. Thanks again!
April