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Do You Really NEED an Arizona Bankruptcy Lawyer to File Your Bankruptcy?

By Joseph McDaniel, Esq.

Absolutely not! You have a legal right to use almost anybody, or nobody at all!

For instance, in Arizona, you can go to a document preparation service, or a "docu-prep", which is essentially a specialized typing service. They will charge you about $200 (the Bankruptcy Judges won't let them charge more) for typing the information you give them into forms, and you will then have a bankruptcy package that you can file. You will usually need to pay the filing fee and you'll need the pre-and post-filing consumer credit waste of time courses as well. And the docu-prep can't give you any legal advice, so...buyer beware!

You can also use the Self-Help Center at the Bankruptcy Court itself, and that may make sense in a limited number of cases with no money, little debt, and no assets at all.

On the other hand, I get a fair number of refugees in any give week from folks who filed using lawyers who were not AV rated, AVVO 10, Board Certifed Bankruptcy Specialists. The lawyers that the people are complaining about may be in bankruptcy mills, or they may be instant bankruptcy experts, or they may be casual bankruptcy lawyers, who normally file divorces but will file a bankruptcy for you to keep their doors open.

And the stories the refugees told me and tell me turned my hair white. No kidding!

And I normally, and sadly, get to tell the refugees that their cases are (technical term) messed up, and I won't take 'em as clients now. 

I think they said it best on the Federal Courts website (emphasis not added by me!):

"Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully.

It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, and a misstep may affect a debtor's rights. For example, a debtor whose case is dismissed for failure to file a required document, such as a credit counseling certificate, may lose the right to file another case or lose protections in a later case, including the benefit of the automatic stay. Bankruptcy has long-term financial and legal consequences - hiring a competent attorney is strongly recommended."

 

Full post as published by Arizona Bankruptcy Attorney Blog on January 17, 2011 (boomark / email).