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    anilaureen36's Avatar
    anilaureen36 Posts: 1, Reputation: 1
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    #1

    Nov 8, 2011, 03:30 PM
    Bankruptcy -- how to file, how to get started
    How do I file for bankruptcy? What is the 101 on Bankruptcy?
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
    Entomology Expert
    		  
    #2

    Nov 8, 2011, 03:39 PM
    Honestly?. You contact a bankruptcy lawyer.
    cecomas's Avatar
    cecomas Posts: 5, Reputation: -1
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    #3

    Nov 17, 2011, 06:26 PM
    You absolutely do not need an attorney to file a bankruptcy. It is not that complicated at all. You do have to realize that you will be held to the same standards as an attorney when it comes to preparing things correctly and following any local rules regarding filing of documents etc... If you go to the bankruptcy court for your area you should be able to either a) request a copy of the forms required to file; b) pay for a copy of the forms required to file; or c) print them out at one of their stations in the court. You also have the option of finding an independent paralegal or document preparation individual to assist you with preparing the forms. This is usually a great deal less expensive. The most difficult part of the bankruptcy paperwork is the exemptions schedule so you need to make sure you have the correct information for your jurisdiction.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 17, 2011, 07:21 PM
    Cecomas, you do not know their situation, and if there will be lenders who contest the bankruptcy they may well need an attorney.

    And sorry, to my knowledge the court does not provide you with forms. You may purchase kits online but the court does not give legal advice on filing.

    Also while I agree about an independent paralegal, they are not legal in every state, so this again, may not be allowed where this person is at.

    Also you are not sure if they need a chapter 7 or a 13, if they have house or cars to re-affirm. The more complicated the more need for an attorney
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #5

    Nov 17, 2011, 07:34 PM
    It's definitely worth the money to pay for a bankruptcy lawyer. Sure, it is possible to do it yourself in some situations but overall, the average person will be overwhelmed by everything.
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