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Question :

Can you refile a Chapter 13 bankruptcy yourself or do you need an attorney?

Category Bankruptcy Interview Questions
Rating (0.3) By 10 users
Added on 3/3/2008
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Answers:

I agree with Nikki. You have the right to file a Chapter 13 by yourself without an attorney, but... Every few months I have someone come into my office in the middle of a Chapter 7 which they filed pro se (i.e. without an attorney)which is a mess, and it sometimes costs them more money to hire me to clean it up than it would've cost if they had hired me in the first place. And those are Chapter 7's, which are a piece of cake compared to Chapter 13's. I'm REALLY, REALLY not saying this because I am an attorney, but Chapter 13's are difficult and I would be AMAZED if a non-attorney managed to correctly file a Plan and get it confirmed, deal with any Motions for Relief from Stay, Trustee's Objections, and Motions to Dismiss that come up, and see the case through to Discharge - a daunting task - and I would be ABSOLUTELY AMAZED if they managed to do so while minimizing what they had to pay and getting any household liens and judgment liens (and in some cases mortgages) properly avoided/stripped. Attorneys know how to get rid of debts a layperson may think they have to pay, so even if one completed a Chapter 13 they would possibly have spent quite a bit more than necessary to do so and STILL have liens all over everything. I'm not saying it can't be done without an attorney, but let me put it this way: I had lasik surgery on my eyes to improve my vision, and while maybe I could've saved $4,000.00 by doing it myself at home with a utility knife, sometimes the service you receive is worth the money. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.



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