Can I File For Bankruptcy Without An Attorney In Arizona?
As the State of Arizona moves towards becoming fully operational again, the lingering financial effects of COVID-19 are becoming a grim reality for many of our Pima County residents.
Our Tucson bankruptcy Lawyer has been working remotely during this difficult time, answering frequently asked questions about bankruptcy, and providing the resources our community needs to understand their bankruptcy options.
The question becomes, can someone file for bankruptcy in Arizona without an attorney?
The answer is, technically, yes. There is even a name for it, which is called filing pro se.
But there are many reasons why you should not. Filing personal Chapter 7 or Chapter 13 bankruptcy require careful preparation and a complete understanding of the legal issues associated with your filing.
A simple misunderstanding of the law or a single mistake in the process can affect your rights.
Common Misconception: Filing For Bankruptcy In Arizona Is Easy.
Depending on the type of filing, the United States Bankruptcy Court lists the primary purposes of bankruptcy as a way to give an honest debtor a fresh start by relieving most debts, reorganizing and establishing a plan to repay creditors, or liquidating available property to repay creditors.
Our Tucson bankruptcy lawyer, Eric Ollason, fully supports individuals, couples, and business owners who would like to pursue their right to file for bankruptcy.
However, bankruptcy is a complex area of law that requires the filer to follow specific rules and regulations, which are easy to overlook without an experienced attorney.
Because bankruptcy has long-term financial and legal outcomes, the U.S. Bankruptcy Court strongly recommends seeking the advice of a qualified bankruptcy attorney before filing, so your rights are fully protected throughout the process.
Court Employees & Bankruptcy Judges Cannot Help You With the Process
Many people who decide to file bankruptcy on their own often believe that court employees or even bankruptcy judges will guide them through the process, so they do not make any mistakes during the filing process.
The reality is, it is prohibited by law for court employees and bankruptcy judges to offer legal advice to anyone who files for bankruptcy.
When you file for bankruptcy without an experienced attorney, you are, quite literally, on your own.
Over 94% of all Chapter 7 bankruptcy filers who were represented by bankruptcy attorneys received a discharge, compared to only 55% of those who filed on their own.
How Can A Tucson Bankruptcy Attorney Ensure I Get It Right?
There are many ways a bankruptcy attorney in Tucson can help ensure the process goes smoothly, and it begins with explaining the bankruptcy laws and procedures to you.
Other important guidance will include:
- Advising you under which chapter you file
- Whether to file a bankruptcy petition
- Explaining which of your debts can be discharged
- Outlining how you may be able to keep your home, car, or other property after you file
- Advising you of the tax consequences of filing
- Explaining whether you should continue to pay creditors
- Completing and filing all required forms
- Attending the bankruptcy hearing as your supporter and attorney
When your financial well-being is on the line, you need an advocate by your side, protecting your rights, and advising you each step of the way, so you understand how to navigate the bankruptcy process and all post-bankruptcy requirements.
If you are considering bankruptcy, contact our Tucson bankruptcy attorney, Eric Ollason, today by calling (520) 791-2707 to discuss your case during a free consultation. We are available to answer your questions and discuss your current finances, so you can begin confidently planning for your future.