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The following article was published in our article directory on February 23, 2012.
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How to File Bankruptcy by Yourself

Article Category: Finances

Author Name: John Johnson

Corporations and partnerships must have an attorney at law to register a bankruptcy case. Individuals, are permitted, may represent themselves in bankruptcy court. While consumers can file a bankruptcy case without a lawyer or attorney or "pro se," it is incredibly difficult to do it safely and effectively.

It is particularly important that a bankruptcy case be submitted and handled correctly.

The directions are very technical, and a false step may alter a debtor's rights. For instance, a borrower whose case is dismissed for failure to file a necessay document, such as a credit counseling certificate, may relinquish the ability to file another bankruptcy case or lose protections in a later case, including the advantage of the automatic stay.

Bankruptcy has continued economic and legal consequences - hiring a competent attorney is strongly recommended.

Borrowers must list all property and consumer debts in their bankruptcy listings. If a debt is not specified, it is possible the debt will not be discharged. (Lists of the documents that debtors must file are set out on Form B200)

The bankruptcy judge can also refuse the discharge of all debts if a debtor does something unethical in connection with the bankruptcy case, such as destroying or sheltering property, forging records, or lying. Individual bankruptcy cases are randomly examined to establish the reliability, reliability, and entirety of the information that the debtor is required to provide.

Please understand that bankruptcy fraud is a criminal activity.

Pro se litigants, whether debtor or creditor, are presumed to adhere to the laws that regulate procedures in the federal courts. Pro se litigants should understand the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the court where the case is filed. Local rules, along with other useful guidance, are typically posted on the court's web site and are obtainable at the local court's information counter.

Non-Profit Credit Counseling

Individual debtors are commonly required to get credit counseling from a permitted provider within 180 days in advance of filing a case, and to file a statement of compliance and a certificate of credit counseling given by the provider. Neglecting to do so may result in dismissal of the case.

Seeking out a Lawyer, including Free Legal Services

Consumers are strongly encouraged to get the services of effective legal counsel. Even if you can not afford to pay a lawyer or attorney, you may be able to qualify for no fee legal help. For information about hiring an attorney, or about free (also known as "pro bono") legal services, contact your state or local bar association. A lot of law schools have legal clinics that make available complimentary legal services. Court web sites frequently have contact information for bar associations and pro bono legal service programs, as well as necessary procedural information.

For critical info in relation to this kind of legal resources, check the American Bar Association 's Legal Help page, the Legal Services Corporation, or the web site of the bankruptcy court where you plan to file.

Foreclosure

Homeowners who are having difficulty or have fallen behind in making their mortgage monthly payments may have options that would enable them to avoid foreclosure and bankruptcy. For more information, check these foreclosure resources.

Be wary of special offers made once your house is in foreclosure - there are a number of bogus schemes exclusively directed at homeowners confronting foreclosure. Contact your state attorney general or other state consumer protection agency regarding any suspicious proposal, such as one that requires transferring your property to a third party in order to avoid foreclosure.

Petition Preparers

Beware of bankruptcy petition preparers who do not comply with all legal requirements. The role of non-attorney application preparers is simply submit details on Bankruptcy Forms (available at this link without charge). Petition preparers are banned by law from giving legal advice - they may not clarify how to respond to legal questions or assist in bankruptcy court. Petition preparers must sign all documents they prepare; print their name, address, and social security number on such documents; and provide copies to the debtor. They may not sign a document on the debtor's behalf or collect payment from the borrower for court fees.

Keywords: credit,debt,bankruptcy,legal,law

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