Obtaining an attorney? Is it necessary?

[mass2010]

Hello All,

Just wanted to find out if anyone here has obtained an attorney or not. ....and what your opinion is on actually needing an attorney to file, etc.

I do not own a home or anything other than a vehicle I am still paying on....

Thank you.

In Mass.

[frogger]

Most here have probably hired an attorney. If you want to do it yourself, check the pro-se forum and start studying there.

[AngelinaCatHub]

If you only own a car that you are up to date on, have no assets, it may not be prudent for you to file. I dislike Judgments and no one is Judgment proof, but if you are collection proof, you can bk later if you have to and take a bit more trouble to get the judgments put aside. 'Hub

[mtbc]

I am also in Massachusetts. Are you planning chapter 7?

Whether or not to use an attorney depends on many things. Most people do.

If you are detail-oriented, you have a simple case without red flags or signs that you might be abusing bankruptcy, and are willing to spend plenty of time working on your case, then going pro se can be practical.

It does take a lot of work, though -- do expect to spend a total of several days' research and several days more collating information and filling in forms, at the very least. And, frankly, there is some amount of luck involved -- a simple case without brushing close to any thresholds will probably sail through, but an unusually grumpy trustee (or, perhaps, creditor) can turn it into quite a hassle. I was somewhat comfortable in that I have already done other bureaucratic things myself without an attorney, like immigration and naturalization, and I started reading up on bankruptcy a couple of years before we actually filed.

If you instead use an attorney, unless they come with very trustworthy references, also expect to spend some time checking for yourself the work they do. Ultimately, it's your responsibility to file accurately; some attorneys are great, but many are just looking to do the minimum work for the money, it being your butt on the fire more than theirs if things don't go as you'd like after their paralegal slipped up on some form or they failed to ask you some important question that doesn't apply to most people but does to you.

Whatever you choose, good luck. Of course, you could get some good questions together about your case and ask a few attorneys about them in free initial consultations -- that might help you decide which way to go.

[jribe]

if you're case is pretty straightforward- you could buy the NOLO book and likely do the case yourself.

I didn't find it all that difficult, honestly.

There is less stress when you hire an attorney though. You can route your calls to him/her and they take care of all the papework and and your representative in court.

Makes life a little easier

But then there's the cost- if you can afford the average 1-3k for fees.. Or if you can't you can file yourself.

You can always ask questions in the forums when you have a question on forms. People here are pretty helpful.

I did find the NOLO book very useful in going through the forms though.

Good luck!

Hello All,

Just wanted to find out if anyone here has obtained an attorney or not. ....and what your opinion is on actually needing an attorney to file, etc.

I do not own a home or anything other than a vehicle I am still paying on....

Thank you.

In Mass.

[Pizza]

If you only own a car that you are up to date on, have no assets, it may not be prudent for you to file. I dislike Judgments and no one is Judgment proof, but if you are collection proof, you can bk later if you have to and take a bit more trouble to get the judgments put aside. 'Hub

Very sound advice. Keep the clock ticking (if you can keep your sanity) and the likelihood that you will have trouble filing pro se decreases dramatically. It's been six months since I last charged or paid a credit card and I'm still getting mostly friendly 'work it out' letters. Still don't feel any sense of urgency.