12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Do I Need a Lawyer to File for Bankruptcy in Zip Code 49793

Do I Need a Lawyer to File for Bankruptcy in Zip Code 49793


The greatest glory in living lies not in never falling, but in rising every time we fall.
 
- Nelson Mandela


Corporations and Partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court.

In many cases, it's a good idea to have a bankruptcy attorney. However, many petitioners file for bankruptcy without a lawyer. Some represent themselves in bankruptcy because they cannot afford the lawyer's fees. Others have simple cases, and don't feel the need to hire a lawyer. Even the simplest Chapter 7 bankruptcy requires extensive paperwork, gathering of financial documentation, research of bankruptcy and exemption laws, and follow up with local rules and procedures.

Bankruptcy rules are very technical, and a misstep may affect a debtor's rights. For example, a debtor whose case is dismissed for failure to file a required document, such as a credit counseling certificate, may lose the right to file another case or lose protections in a later case, including the benefit of the automatic stay. Bankruptcy has long-term financial and legal implications, so it is very important to do it right. An individual filing for bankruptcy must list all property and debts in their bankruptcy schedules. If a debt is not listed, it is possible the debt will not be discharged.

The simpler the bankruptcy, the better your chances are to successfully complete it and receive a discharge on your own. So it's usually more feasible to file without an attorney if you are filing a simple Chapter 7 bankruptcy.

If your household income is low and you own little or no assets, and you don't have any priority debts or creditors alleging fraud against you, then your case may be simple enough for you to handle without an attorney.

Bankruptcies filed under Chapter 13 can be more complex than Chapter 7. If you are underwater on your mortgage payments, and if your second mortgage is worth less than your first mortgage, you may be able to use Chapter 13 bankruptcy to "strip" the second mortgage (discharge it in bankruptcy). If you owe more than your car is worth, through a process known as "loan cram down," you may be able to negotiate a Chapter 13 payment plan based on what the car is actually worth, as opposed to the value of the car loan.

You may choose to file a Chapter 13 to take advantage of these benefits or simply because you make too much money to qualify for a Chapter 7. No matter what your reason is, it generally means that your case may be too difficult to file on your own.

In Chapter 13 bankruptcies, in addition to filing the official bankruptcy forms, you must also design a proposed repayment plan, which can be very difficult to do. Stripping your second mortgage or cramming down a car loan will usually require filing additional motions and paperwork with the court.

So, if you are planning to file a Chapter 13 or a complex Chapter 7, it is a good idea to hire a qualified attorney. Your Chapter 7 will usually be more complex if you own a business, have high income, own significant assets, or have creditors who may claim fraud. If any of the above applies to you, you risk having your case dismissed, your assets being taken and sold, or facing a lawsuit in your bankruptcy to determine that certain debts should not be discharged. In that case, it is advisable to hire an attorney to handle your bankruptcy.

Bankruptcy fraud is a crime and the presiding judge may also deny the discharge of all debts if a debtor does something dishonest in connection with the bankruptcy case, such as transferring assets to friends and family, destroying or hiding property, falsifying records, or lying. Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide.

Individual debtors are generally required to obtain credit counseling from an approved provider within 180 days before filing a case, and to file a statement of compliance and a certificate of credit counseling furnished by the provider. Failure to do so may result in dismissal of the case.

Homeowners who are having trouble or have fallen behind in making their mortgage payments may have options that would allow them to avoid foreclosure and bankruptcy, starting with renegotiating with the mortgage lender. However, please beware of marketing offers made once your house is in foreclosure - there are a number of fraudulent schemes specifically directed at individuals facing foreclosure.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free MI Last Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
 
Personalize & Print a Free MI Living Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Related Legal Services near Zip Code 49793
Grubbs & Grubbs
801 N Main St
Three Rivers, MI 49093
(269) 273-9511
Legal Service Plans, Estate Planning Attorneys, Attorneys, Criminal Law Attorneys, Family Law Attorn
Frego & Assoc
30800 Van Dyke Ave
Warren, MI 48093
(586) 619-9432
Bankruptcy Law Attorneys, Attorneys
Hammel Dave
11662 Martin Rd Ste D
Warren, MI 48093
(586) 755-9300
Attorneys, General Practice Attorneys, Legal Service Plans
Law Offices
28345 Beck Rd Ste 406
Wixom, MI 48393
(248) 344-8980
General Practice Attorneys, Attorneys
Robert J Dutka Law Office
1201 N Main St
Three Rivers, MI 49093
(269) 273-8402
Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Real Estate Attorneys,  General Practice At
Russi & Penna Law Firm
11662 Martin Rd
Warren, MI 48093
(586) 757-8330
General Practice Attorneys, Attorneys
Acclaim Legal Services
8900 Thirteen Mile Road
Warren, MI 48093
(866) 261-8282
Bankruptcy Law Attorneys, Credit Repair Service, Foreclosure Services
Bernstein & Bernstein
30500 Van Dyke Ave Ste 101
Warren, MI 48093
(586) 573-7766
General Practice Attorneys,  Attorneys,  Malpractice Law Attorneys,  Social Security & Disability La
Kostopoulos & Associates P
30800 Van Dyke Ave
Warren, MI 48093
(866) 969-7482
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Met Legal
8593 Estate Plaza Dr
Warren, MI 48093
(586) 751-7380
Paralegals
Modelski Sophie
8326 E 12 Mile Rd
Warren, MI 48093
(586) 486-7202
Attorneys,  Legal Service Plans,  Bankruptcy Law Attorneys,  Bankruptcy Services,  Financial Service
Cusmano Frank G
30500 Van Dyke Ave # 101
Warren, MI 48093
(586) 573-6700
Attorneys, Legal Service Plans
Jennifer M Smith PC
49357 Pontiac Trl # 202
Wixom, MI 48393
(248) 960-5665
Divorce Attorneys, Attorneys, Legal Service Plans
Smith Steven E
18555 Fort St
Riverview, MI 48193
(734) 284-5544
General Practice Attorneys, Attorneys
O'Malley J Patrick
801 Portage Ave
Three Rivers, MI 49093
(269) 279-5159
General Practice Attorneys, Attorneys
Total Attorneys - Personal Injury
PO Box 274292
Wixom, MI 48393
(248) 714-4892
Attorneys, Legal Service Plans
Groth Elowsky Kelley Pawlak & Seglund PLC
28345 Beck Rd Ste 306
Wixom, MI 48393
(248) 624-4505
Estate Planning Attorneys,  Attorneys,  Legal Service Plans,  Personal Injury Law Attorneys,  Insura
Josephine R Sbrocca
29204 Hoover Rd
Warren, MI 48093
(586) 751-4421
Attorneys,  Divorce Attorneys,  Bankruptcy Law Attorneys,  Family Law Attorneys,  Legal Service Plan
Taylor Sean M
27007 Hoover Rd
Warren, MI 48093
(586) 756-3880
Insurance Attorneys, Attorneys, Criminal Law Attorneys, Legal Service Plans
Total Attorneys - DUI
PO Box 274133
Wixom, MI 48393
(248) 264-3821
Attorneys, Legal Service Plans
Harrington John F
30500 Van Dyke Ave # M200
Warren, MI 48093
(586) 751-3610
General Practice Attorneys, Attorneys, Legal Service Plans
Eugene Nasal
17735 Fort St
Riverview, MI 48193
(734) 281-3610
Insurance Attorneys,  Attorneys,  Criminal Law Attorneys,  Labor & Employment Law Attorneys,  Social
Barnes Law Office Pc
303 N Main St
Three Rivers, MI 49093
(269) 273-2327
Insurance Attorneys, Attorneys, Legal Service Plans
Kostopoulos and Associates
30500 Van Dyke Ave
Warren, MI 48093
(586) 920-2269
Bankruptcy Law Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US