can i give advice on how to file bankrputcy if not a attorney

Because bankruptcy petition preparers are not attorneys, they can't provide legal advice or represent you in bankruptcy court. Specifically, they can't: tell you which type of bankruptcy to file

Full Answer

Do I need a lawyer to file bankruptcy?

Most people can file a simple Chapter 7 case without an attorney. In a simple Chapter 7 case, you’d have only a few creditors, you’d be able to keep all of your property, and your income would be under the median income for your state. By contrast, Chapter 13 cases tend to be too complicated to be filed without an attorney.

Can I file Chapter 7 bankruptcy without an attorney?

Jan 13, 2015 · Yes. Bankruptcy without an attorney is possible. We don't recommend it, however, so this article is for information purposes only. Come in and discuss your situation with one of our lawyers even if you plan on filing bankruptcy yourself.

Where can I get bankruptcy help without an attorney?

If you'd like to file without an attorney, a self-help book like How to File Chapter 7 Bankruptcy by Attorney Cara O'Neill and Albin Renauer J.D. or Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time, by Cara O'Neill (Nolo) can help you make well-informed decisions about your bankruptcy matter.

Can I hire an affordable bankruptcy attorney?

If you want to avoid attorney fees, it is technically possible to file for bankruptcy on your own, although doing so correctly without an attorney can be quite challenging. In brief, the steps to file for bankruptcy on your own are as follows:

How Does Bankruptcy Work?

No one is immune from debt or life’s challenges, and sometimes people need help getting back on their feet. Federal law established the bankruptcy...

Can I Keep My Property in Bankruptcy

Everyone needs things to maintain a home and employment. You’d hardly get a fresh start if you lost all of your belongings. So don’t worry about lo...

Can I Discharge My Debt in Bankruptcy?

You already know that filing for bankruptcy works by wiping out debt, such as credit card balances. And you'll be able to erase overdue utility pay...

Which Bankruptcy Chapter Should I Choose?

Not all bankruptcy chapters work the same way, which is good because when your financial situation is unique (as all are), having options helps. Yo...

Bankruptcy Eligibility

You don't need a particular amount of debt to file for bankruptcy, but there are lots of other eligibility rules—these are the most common. Multipl...

Hiring a Bankruptcy Lawyer

Retaining a professional to help you with your case is well worth the cost. Not only will you have peace of mind that you’ve filed a correctly prep...

The Bankruptcy Process

While most people hire a bankruptcy lawyer to prepare their bankruptcy paperwork and guide them through the process, it's possible to do your bankr...

Life After Bankruptcy: A New Beginning

To make the most of your discharge and ensure sure life after bankruptcy goes smoothly, you’ll want to do a bit of planning. Temporary Problems Wit...

How to get a bankruptcy attorney?

If you can't afford to pay a bankruptcy attorney right away, you might consider: 1 asking friends and family 2 getting help from a legal aid society or other free legal clinics in your area 3 finding an attorney who will take your case pro bono (free of charge), or 4 filing your case without an attorney.

What to do if you can't afford bankruptcy?

If you can't afford to pay a bankruptcy attorney right away, you might consider: asking friends and family. getting help from a legal aid society or other free legal clinics in your area. finding an attorney who will take your case pro bono (free of charge), or. filing your case without an attorney.

Why won't my attorney file a Chapter 7 case?

Your attorney won't file a Chapter 7 case until you've paid in full. Why? Because the bankruptcy would wipe out the fees still owed to your attorney. A debtor who doesn't have the fee will often start by asking friends and family for help.

Do bankruptcy attorneys cut fees?

And many bankruptcy attorneys cut fees drastically for clients who qualify for a bankruptcy fee waiver.

Why file bankruptcy without an attorney?

First things first… yes, you’re able to file Chapter 7 or Chapter 13 bankruptcy in Michigan without needing a lawyer. But why are people googling how to do it without an attorney helping them? Money! People assume they won’t be able to afford a lawyer, so they put off talking to one.

How to file bankruptcy without an attorney

First you’ll need to determine if either Chapter 7 or Chapter 13 bankruptcy is right for you. This is worth the free consultation all by itself. You want to make sure that you’re able to file and that you can protect your assets.

Why you should come talk to us

Bankruptcy is not a decision to be made lightly. I’ve oversimplified the process so far to give you an idea of where to start and where to go for more information. Making a mistake on your bankruptcy schedules, petition, and forms could be far worse than your current financial situation.

What to do after filing for bankruptcy?

After filing for bankruptcy, it's common to want to secure your future. The first step is following a sound financial plan, of course. But you'll also want to safeguard yourself against unexpected financial hardships. Putting money aside in a savings account is always a good idea. But you might want to contribute to a 401k plan or another ERISA-qualified retirement account. Not only would it be exempt if you needed to file for bankruptcy again (it happens), but you could draw on it in an emergency. Obtaining life insurance and making a will are other ways to provide for your family, too.

Who checks out bankruptcy filings?

Don't assume that what you say in your paperwork will be accepted at face value. The court will assign a professional called the bankruptcy trustee to check out your filing thoroughly.

Why is Chapter 7 bankruptcy called liquidation?

Also, it's called "liquidation bankruptcy" because the Chapter 7 trustee appointed to handle the case sells the debtor's property for the benefit of creditors.

What is reorganization bankruptcy?

Individuals and businesses who have extra income to pay debts—but not enough to cover current expenses—use "reorganization" bankruptcy chapters. The debtor, creditors, and the court agree on a plan that redistributes the debtor's income among the creditors. Here's who typically uses each of these types of bankruptcy:

How does bankruptcy help?

It helps by unwinding the contract between you and your creditor. Without a contract, you have no obligation to pay the debt—you get a fresh financial start. As powerful as bankruptcy is, it won't solve every financial problem, so it's crucial to learn what bankruptcy can and cannot do.

How long does it take to file Chapter 7 bankruptcy?

Chapter 7 bankruptcy is most filers' first choice. It wipes out qualifying debt without creditor repayment. It's also quick, taking about four months to complete. And if you're an individual, you don't lose everything—you can keep the property you need to work and live.

Is it worth hiring a bankruptcy lawyer?

Retaining a professional to help you with your case is well worth the cost. Not only will you have peace of mind that you've filed a correctly prepared case, but you'll also receive guidance throughout the entire process. Most importantly, a bankruptcy lawyer will ensure that you don't lose important property unexpectedly and that you don't find yourself facing bankruptcy fraud charges.

How much does a bankruptcy attorney cost?

Many filers have a difficult time affording the fees charged by bankruptcy attorneys. Even an affordable bankruptcy attorney can cost between $1,200 to $2,500, depending on the specific situation of the case.

How long does it take to file for bankruptcy in a Chapter 7?

Provided that you pass the Means Test, the app walks you through the various steps of filing a Chapter 7 bankruptcy case including: In a typical no-asset Chapter 7 case, you can complete the bankruptcy case and receive your bankruptcy discharge within four to six months after filing your Chapter 7 bankruptcy petition.

What is a NACBA?

NACBA is a national organization for consumer bankruptcy lawyers handling Chapter 7 and Chapter 13 bankruptcy cases for individual filers and small businesses.

Who is Jonathan Petts?

Jonathan Petts has over 10 years of experience in bankruptcy and is co-founder and Board Chair of Upsolve. Attorney Petts has an LLM in Bankruptcy from St. John's University, clerked for two federal bankruptcy judges, and worked at two top New York City law firms specializing in... read more about Attorney Jonathan Petts

Can you repay debts after bankruptcy?

This offer is wonderful, but make sure that your friend or family members know that you can't repay the money until after your bankruptcy case is closed. You can also stop paying your unsecured debts that will be discharged in a bankruptcy case and use that money to pay an affordable bankruptcy attorney.

Can late payments affect credit score?

In addition, additional late payments will lower your credit score even further. It's typically possible to find a bankruptcy attorney who agrees to accept payments while agreeing to handle creditor calls and provide you with legal advice as needed while you pay the attorney fees.

Can I file for bankruptcy without an attorney?

You also have the choice of filing for Chapter 7 bankruptcy relief without an attorney if you can't find an affordable bankruptcy attorney. The Bankruptcy Code does not prohibit you from filing on your own (" pro se ").

How Courts Uncover Fraudulent Transfers

While there are several ways a court may find a fraudulent transfer, it is important to note that a fraudulent transfer can be voluntary or involuntary, as well as intentional or in good faith.

Unfair Preference Fraudulent Transfers

Another type of fraudulent transfer is an unfair preference. This means that when an individual or a business favors a creditor or pays off one particular creditor too soon after filing for bankruptcy, this unfair preference can trigger the finding of a fraudulent transfer.

Consequences of Fraudulent Transfers

When a fraudulent transfer is found, the court will recover the property or the value of the property and consider it an asset for bankruptcy purposes. Further, if the court finds that the fraudulent transfer was done to intentionally shield the asset from bankruptcy, the court will not allow the debtor to go through with the bankruptcy.

Getting Help

Fraudulent transfer in bankruptcy law does not mean that you are barred from giving any gifts to family members. Small customary gifts, generally under $200 in price, will not give rise to a presumption of fraudulent transfer.