Business & Finance Bankruptcy

Bankruptcy Paperwork FAQ

    Can I File the Paperwork Myself?

    • Yes, but the courts strongly advise against this practice. Their recommendation is to hire a qualified attorney. Bankruptcy law is a complex matter. Your case runs the chance of being dismissed, even with a good faith effort on your part to file properly. Furthermore, bankruptcy fraud is a serious crime; you open yourself up to investigation if you made deductions that were illegal, even if you did so unknowingly.

    Should I Hire a Petitioner Preparer?

    • Maybe, but you should know the facts before you go that route. Petition preparers are individuals who are paid to complete bankruptcy-related paperwork. Unlike lawyers, they cannot provide you with legal advice about your case, nor can they answer questions about bankruptcy law or explain any aspect of it.

    Why Could My Petition Be Denied?

    • Your petition could be denied or dismissed for a number of reasons. For example, if you neglect to fill out part of the paperwork, you might not have success. Your petition might also be denied if you fail to claim income or property. Professionals are less likely to make these errors.

    How Can I Find Legal Assistance?

    • One way to find legal assistance is to contact the American Bar Association Attorney Referral Service. They can put you in contact with a qualified attorney in your area. From there all you need do is explain that you need help filing papers for bankruptcy.

    What Exemptions Can I Claim on My Paperwork?

    • This varies from state to state. Some states allow you to make exemptions for your house, personal property and even pets, but regulations vary. Your attorney will help you to figure out what you can exempt and what you cannot -- something that a preparer cannot do by law.

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