Do I need a lawyer to file for bankruptcy? 6 Answers as of October 13, 2010

I would like to file a bankruptcy do I need a lawyer?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
I highly recommend that anyone contemplating filing any type of bankruptcy first consult with a Certified Specialist in Bankruptcy Law (like me) for free.

You have nothing to lose, and everything to gain.

It is not legally required that individuals hire a bankruptcy attorney to represent them, but it is a very good idea. Corporation and LLC MUST have an attorney represent them if you are going to file bankruptcy.

Here is an answer to your question from a California Bankruptcy Court website, http://www.cacb.uscourts.gov/ :

Are all Debtors and Creditors Required to Have an Attorney?

Business Debtor - A corporation, partnership, or unincorporated association may not file a bankruptcy petition or other court documents, or appear in court, without an attorney. See Local Bankruptcy Rule 2090-1(g)(1).

Individual Debtor or Creditor - An individual debtor or creditor is not required to have an attorney in order to file a bankruptcy petition, file other documents, or represent themselves at court hearings. This is true regardless of a chapter 7, chapter 11, or chapter 13 bankruptcy case. However, it is difficult for an individual to be aware of and protect all rights without the assistance of a competent bankruptcy attorney.
Answer Applies to: California
Replied: 10/13/2010
Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
PLease call for free consultation. You need a lawyer.
Answer Applies to: Florida
Replied: 10/11/2010
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
You do not need a lawyer to file for bankruptcy. However, the process is not simply filling out forms. Proceed with caution.
Answer Applies to: California
Replied: 10/10/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
No, but it is recommended.
Answer Applies to: California
Replied: 10/9/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
Not technically, but it would be unwise to do without proper advice and consultation.
Answer Applies to: California
Replied: 10/8/2010
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Some cases are routine, but others are not. A typical Chapter 7 case takes less work than a typical Chapter 13 case, which, in turn, takes less work than a typical Chapter 11 case. If bankruptcy were so easy, bankruptcy attorneys would not need malpractice coverage or would pay very low premiums. It is noteworthy that Bankruptcy attorneys generally charge higher hourly rates than other types of attorneys. Only an experienced lawyer can recognize which case is routine and which is not. If you file your own bankruptcy, you take the chance that you will miss crucial issues in your case. Some percentage of cases filed by the debtors themselves do not have any problems though.
    Answer Applies to: California
    Replied: 10/8/2010
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