Legal Question in Bankruptcy in Nevada

Bankruptcy

Can I file bankruptcy myself?


Asked on 6/10/09, 8:09 pm

2 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Bankruptcy

Yes. It is more complicated than before, especially if you make over $40,000 in Nevada. Go online or to Office Depot to get the forms.

If you go to a paralegal, they are limited to $100 for a Chapter 7 (maybe it has gone up, but probably not more than $200 for a petition). If you are filing a Chapter 13, you really need to get an attorney.

I will do either for two thousand dollars and in a Chapter 13, take the balance of the fees through the plan.

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Answered on 6/10/09, 8:14 pm

Filing Bankruptcy without an attorney

The law allows you to represent yourself in any legal case. But there is truth to the saying that the person who represents himself has a fool for a client.

Here is why I would discourage you from representing yourself in a Bankruptcy.

If you are truly too poor to hire an attorney, you may not need to file Bankruptcy.

If you represent yourself, you will be at the mercy of your creditors who can file objections to your bankruptcy.

Unless you know what you are doing (and without a law degree and years of bankruptcy experience, clearly you don't), you may lose any upcoming tax refund, money you have in the bank, investment property, vehicles, or other assets.

Are you good at math? Better be sure you can handle the complicated calculations required under the "Means Test!"

Want to protect your property? Better not "forget" to list it on your bankruptcy or you could wind up being investigated by the FBI.

Want to understate your income in order to qualify to file Bankruptcy? The federal prison isn't really a "country club" that you would want to visit, much less live in.

The best money you will ever spend is on a good attorney. Whether you hire Jeff or myself is unimportant. The most important thing we do is analyse your case before we file it. Filling out the forms is a no brainer compared to the analysis required to determine whether you should file, when you should file, and what type of case you should file.

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Answered on 6/10/09, 9:40 pm


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