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If your debt has spiraled out of control and you're considering bankruptcy, you may be curious about the exact type of legal support you will get from an attorney. Is hiring a lawyer a prerequisite for filing? What role does an attorney play throughout the process? To help you decide whether or not you should seek representation, here are some considerations to make about the bankruptcy process.

Consider Your Knowledge of the Law

You are not required by law to hire an attorney when you file for bankruptcy, but before you decide to file without a lawyer, consider your knowledge of the laws. This area is incredibly complex, and many are not comfortable with all the tasks associated with legal filing. You'd likely need to do extensive research on bankruptcy and the proper steps to take. It's certainly not impossible; a basic, straightforward case could be handled without a lawyer. But with an attorney, you will have someone who knows how to protect you and your interests, with which you may not want to gamble.

Contemplate Communications With Courts & Creditors

attorneyIf you feel the constant pressure of mounting debt and all the fine print that goes along with it, a lawyer can carry some of that burden. Your bankruptcy attorney communicates with the courts on your behalf; this includes filing paperwork and other documents and responding to court requests. Also, your lawyer communicates with your creditors for you, informing them of your intent to file bankruptcy and replying to any correspondence they may initiate. If you feel you can confidently manage these tasks on your own, you may not need a lawyer, but you may experience less stress if you enlist assistance.

Think of How You Will Be Presented in Court

Anyone who files for bankruptcy must attend a court hearing. Complex cases may require more than one courthouse visit, but most individual filers only have one hearing. You will confirm that you understand your choice to file bankruptcy and its ramifications. A lawyer represents you at this hearing and advises you beforehand about preparations and answers to the court’s questions. If you choose to represent yourself, be sure you know exactly what information the court needs from you, and all the state and federal laws pertinent to your case.

 

If you are considering filing for bankruptcy, the attorneys at Brian R. Cahn & Associates, in Cartersville, GA, will help you explore your options. With more than 20 years' experience, they serve Chapter 7, Chapter 11, and Chapter 13 bankruptcy clients across northern Georgia. Call (770) 382-8900 or visit their website to make an appointment with a lawyer today.

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