Why You Don’t Want to Handle Your Own Bankruptcy Proceeding

March 27, 2018 By: Carrie Weir

If you’re struggling to pay your bills and have determined that a bankruptcy filing is your best way forward, there can be a temptation to try to handle all the legal documentation and filings on your own, so that you don’t have to pay attorney fees. That’s almost always the wrong decision, and for a variety of good reasons:

• The bankruptcy process is complex and document-intensive—Before you can even file, you need to decide whether you want to pursue protection under Chapter 7 or Chapter 13. Furthermore, under the revisions made to the bankruptcy laws in 2005, you must now qualify to discharge debts through a Chapter 7 filing. The qualifications for that vary on a state-by-state basis. Even if you qualify to permanently rid yourself of debts under Chapter 7, there are rules that prohibit you from discharging certain debts and keeping the property. Based on your individual needs, you may be better off restructuring your debt over a three-to-five year period.
• It’s pretty easy to miss deadlines or file the wrong documents—There are countless rules and regulations and a number of different timelines. If you miss one, or file the wrong documents, you risk having your petition denied.
• You may not get the relief you need or expect—Because certain debts, such as child support, student loans and taxes, either cannot be discharged or are extremely difficult to extinguish, you may not get a lot of relief.
• In addition, you’ll need to know what assets can be exempted from sale (there are both  state and federal exemptions—you must choose one or the other).

Contact Heath, TX Bankruptcy Attorney Carrie Weir

I offer a free initial consultation to all potential bankruptcy clients. Contact my office by e-mail or call me at 972-772-3083 for a private meeting. With offices in Rockwall, Texas, I represent clients in Heath, Greenville, Lavon, Wylie, Mesquite and Rowlett.