Why Hire A Skilled Orland Park Bankruptcy Lawyer?

Let’s talk about why someone would want to choose an attorney who can help with a chapter 7 bankruptcy case as opposed to trying to file the case themselves.  About 10 years ago, you were able to file a chapter 7 bankruptcy case with forms that you may have purchased at your local office supply.  The laws were semi-complicated back then, but with the help of the clerk’s office, the help of the store-bought forms, and with the help of the clerks giving some direction to the debtor, the debtor was able to manage to do the case his or herself without any kind of significant problem.

What I found is since October 17, 2005, which is the date the law changed significantly; it doesn’t appear that an individual should even attempt to file a bankruptcy case on their own.  There are just too many things that can happen.  There are too many laws that have to be adhered to, and there are too many processes and procedures that one has to follow perfectly or the case can be dismissed.

For example, before a chapter 7 bankruptcy case can be filed, an individual must submit and complete a credit counseling session.  This is a one-hour session that can be done online, over the phone, or in person with an approved credit provider that is approved by the United States Bankruptcy Court.  The fee for this procedure is anywhere from $25.00 to $50.00. 

Basically, the debtor speaks with a counselor and explains his or her situation.  They go through the debts, the income, the expenses, the liabilities, and once it’s completed, the debtor will receive a certificate that makes them eligible to file the chapter 7 bankruptcy case. 

If someone files a bankruptcy case on their own before they’ve completed that credit counseling session, the case is not going to take affect.  They’re going to have to start from the beginning again and take the credit counseling first and refile the case.  That’s the first major misstate that individuals make if they try to file without a competent, skilled, qualified attorney to help them.

The other problem is, there are certain deadlines where the debtor must do certain things in the case, and otherwise they lose their rights.  For example, there is a two-hour financial management class that must be taken before a case can be discharged.  If the debtor does not take this two-hour financial management class in a timely manner, the case will close without a discharge.  What this means, if the case closes, is that the discharge never takes affect.  The debtor will have never gotten the benefit of filing the bankruptcy. 

There are some remedies to this problem.  One is the debtor can bring a motion to reopen the bankruptcy case to allow for the financial management class to be taken and filed, but this requires a reopening fee of $260.00, and you have to bring a motion.  These are things that would never happen if someone used the quality skill of a competent bankruptcy attorney. 

See Orland Park Bankruptcy Lawyer or call (847) 520-8100 for more information about filing through an attorney at law.