Can You File a Chapter 7 Without a Chapter 7 Bankruptcy Attorney?
If you are considering filing for Chapter 7 it is important that you have a Chapter 7 bankruptcy attorney on your side. A bankruptcy attorney has the expertise that you need to navigate the bankruptcy laws.
Having a Chapter 7 attorney, many Atlanta clients have found makes the entire bankruptcy process go smoother. There are a lot of working parts to any bankruptcy filing that bankruptcy lawyers can easily manage. Filing bankruptcy is common but it is not easy.
Understanding Your Options
There are two types of bankruptcy chapters that are available to consumers. Chapter 13, often called the wage earners plan, and chapter 7. Each plan delivers relief from debt but how you achieve that relief is different.
However Chapter 13 is often filed when keeping everything you own is the goal and you want to make payments. In 2016 Alabama, Tennessee, Georgia, Louisiana, and Mississippi had the most Chapter 13 filings. Whereas Chapter 7 is when you want to walk away from the debt without making payments.
Which one is right for your situation? A chapter 7 bankruptcy attorney can tell you.
Pro Se Representation
Technically in the United States, all our courts are open to the people. Although, technically you do not need an attorney, but there are some serious consequences to not having one. Anyone can file anything that they would like to with the courts including a Chapter 7 bankruptcy filing.
When you are a litigant in any filing where you represent yourself, you are considered Pro Se. Pro Se is a Latin term which means on one’s own behalf. Unfortunately, there is no grace given to Pro Se filers by the bankruptcy court. In other words, ignorance of a law or rule does not exclude you from having to follow them.
Means Test and More
Additionally, as part of the Chapter 7 bankruptcy process, you will have to use the means test, which is what determines who can and who cannot file for debt relief under the Chapter 7 bankruptcy rules. It is complex and can be difficult to navigate without an attorney.
An attorney is an expert in what exemptions are available and which exemptions you should claim. However you could miss out on a great deal of savings and opportunity without an attorney.
The bankruptcy court is very strict, not only about what you are filing but how it is filed. The Clerk of Court at the bankruptcy court is not permitted to provide you with any legal advice. Ensuring that you are meeting the local rules and the general rules can be a challenge.
Potential Consequences the Pro Se Filer May Face
If you are missing documents, or there is something not filled out correctly, it is at the court’s discretion whether to dismiss your case. Your case can be dismissed both with prejudice and without prejudice.
It is a risky endeavor to file on your own. Getting the help of an experienced Chapter 7 bankruptcy attorney will ensure you get the outcome that you are hoping for. Call the experienced Atlanta bankruptcy attorneys of Holston and Huntley LLC at 1-844-422-8339 (Ga-Buddy) to schedule a consultation today.
I just wanted to say thank you to the entire company,throughout my entire incident they worked fast and diligently.They always called,texted and or email me to keep me updated.They always showed great gratitude and always kept me informed. Everyone on this team is awesome.I will definitely recommend anyone here for your injury and/or bankruptcy needs.They will make sure you get the respect and the money you need. Thank you and the whole team.
I would highly recommend Holston and Huntley. The staff in the office are very nice. Abena was a big help she is the best!! They are very helpful and get everything done in a timely manner. My experience with the firm was GREAT!
Miss Abena is the best, they are working on my case now ,I just love them always kept it 100000000 and I feel like family
I had an excellent experience with Holston and Huntley. My case/medical expenses were treated with the upmost care and efficiency. I recommend anyone with any type of accident injury to visit Holston and Huntley. Abena Campbell was extremely helpful and made everything convenient and comprehendible about the my case. She was made everything easy as possible. I definitely recommend Ms.Campbell to take of you.
You can count on Buddy and Abena they are awesome. Abena was wonderful, she showed concern for me through my case. Abena walked me through this process like she knew me a long time. I promise you I felt good knowing I was being guided by someone who really cared their staff is awesome. I give them a 10+. Thank you guys, Especially, Abena
My experience with Holston & Huntley attorneys was nothing short of excellent. I worked directly with Abena. She worked hard to get the settlement that I deserved. Continued to stay in contact and keep me updated throughout the long process. Would recommend and work with them again. Thanks Holston & Huntley!
Attorney Huntley and his entire staff was instrumental in getting me everything I deserved. Their patience, kindness, and loyalty to fight for my needs at a critical time proves why they are such a fantastic firm. I would highly recommend them for any of your needs. I personally, will call Mr Huntley if I’m ever in another accident.
I was never anxious despite being in this situation for the first time and all the credit goes to you and your firm because you care and know what you are doing.Thanks.
I don’t usually leave reviews on anything but I thought I needed to share my experience with Holston & Huntley. It was great! Very quick and efficient. Buddy and his staff were awesome. I personally worked with Abena and she was always available to answer any question I had. I highly recommend this firm to anyone who needs a professional lawyer that would fight to get you the best settlement you deserve. I promise you won’t be disappointed!! Thank you, Buddy, Abena and staff for all of your help.
Holston & Huntley entire team was great to work with!!! Thank you so much
- Holston & Huntley LLC @HolstandHuntLLC We all are facing tough times. We are here for you in your time of need. If you need to hit the reset button on you… https://t.co/mBj7Q0qREPHolston & Huntley LLC @HolstandHuntLLC The idea of filing for bankruptcy can be intimidating and depressing. You may feel like you’re giving up, or that y… https://t.co/KE11R1ivtV