Bankruptcy Lawyers
serving Left Hand, West Virginia
Do I Need a Lawyer?
There is no requirement to use a lawyer to file for bankruptcy.
However, some people decide to hire one to help them get through
the process.
Whether you're a good candidate for doing it yourself,
depends on the complexity of your financial situation, and your
willingness to take the time to learn the rules of bankruptcy.
(If you're not the type of person that is willing to follow
instructions carefully, then self-help is probably not for you.)
Your Financial Situation
If your
debts consist only of unsecured credit card debt, you may well
be able to file for bankruptcy on your own.
However, other factors to consider are the amount and type of
property you own. If you own your home, have substantial retirement
savings, or other substantial assets you may want to consult with
a lawyer to make sure your property is not at risk.
A good way to approach the decision of whether to hire a lawyer
is to buy (and read) Nolo's book "How
to File for Chapter 7 Bankruptcy." It will give you
a good idea of what issues may arise when you file, and flags specific
situations when a lawyer's help is called for. It will also give
you a good idea of whether the filing process seems to complicated
for you.
If your financial situation is simple, but you just don't want
to deal with the forms, you might consider a using a Bankruptcy
Petition Preparer to handle the form preparation.
Some lawyers may be willing to review your situation without taking
on your entire case. If they see that your situation is very simple,
some lawyers might even tell you that you can do it yourself.
One option is to get limited help from a lawyer combined
with the services of a bankruptcy petition preparer. If you live
in California, see www.bankruptcylawproject.com for
more information about their "Affordable Attorney Advice" service,
which, for a flat rate of $100, will answer all questions
that may arise in the course of your bankruptcy, but not actually
file bankruptcy for you.
Other Resources
The National Association
of Consumer Bankruptcy Attorneys (NACBA) makes the case of why you should use an attorney and offers tips
for those who cannot afford one. 
What should I expect from a lawyer?
If you hire a lawyer, make sure your lawyer is an experienced
bankruptcy lawyer. Bankruptcy is a complex, unique area of law
that is not something that a general practitioner can learn
overnight. Ask your lawyer how many bankruptcies they have filed.
Your lawyer will probably have you fill in a questionnaire about
your property, debts, expenses and income. A good lawyer will be
able to determine quickly what kinds of debts will be dischargeable
in bankruptcy. The lawyer should advise you to get credit counseling
before you file, and will may even have a computer terminal in
their office where you can do the counseling right there, online.
Many lawyers have preferred credit counselors that they work with.
Lawyers are responsible for making sure that your information
is accurate, so they will be asking you to bring in documentation
about your finances, including pay stubs, tax returns, etc.
For more information about working with a bankruptcy attorney,
check out Chapter 10 of How
to file for Chapter 7 Bankruptcy. 
What is a "BPP" (Bankruptcy Petition Preparer)?
Bankruptcy Petition Preparers are non-lawyers paid
by consumers to prepare bankruptcy documents, for filing in court.
Anyone can be a BPP, provided they comply with the rules governing
BPP practice contained in the bankruptcy code.
Customers who use a BPP are representing themselves
in the bankruptcy court. This means they are responsible for making
the choices required of them in their case. They must also provide
the BPP with complete and accurate information to be entered in
the documents.
Because BPPs are not lawyers, their customers must
obtain necessary legal information and advice from an independent
source such as a self-help
law book or a lawyer.
Think of it this way, A BPP's customers are their
own lawyers and the BPP is their legal secretary. The customers
have to be sufficiently informed to tell the BPP what to do.
If you are interested in becoming a BPP, see the
Bankruptcy Law Project website at www.bankruptcylawproject.com.

What
is Credit Counseling?
Credit counseling is now required for all persons filing for
bankruptcy. It
costs about $50 and can be done in person, on the phone, or over
the internet.
A credit counseling session generally lasts about 90 minutes.
They'll review of your financial situation, give you information
about your rights and options, and propose a repayment plan for
resolving your debt problems, if possible.
Credit counseling organizations are now screened by the federal
government and only approved organizations can be used
in bankruptcy. (Click here for the list
of approved credit counseling agencies.)
This regulation is a good thing. The field rife with rip-off artists
and the regulation has been welcomed by legitimate credit counselors.
The FTC also publishes a useful pamphlet on how
to select a credit counselor.
What is "debt consolidation"
Debt consolidation is the practice of taking out one large loan
to pay off a bunch of smaller debts that are charging higher interest.
Debt consolidation may or may not be a good idea, depending on
your situation. Lower interest is a good thing, but turning unsecured
debts (like credit card bills) into secured debts (like a home
equity loan) can be a costly mistake if you eventually file
bankruptcy anyway. Unsecured debts can often be eliminated in bankruptcy,
while most secured debts cannot. If you can't pay your secured
debt -- or if the payments are late -- you may lose your home.
Also, the fees for setting up such loans can be expensive.
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