Why Do I Need a Lawyer When Filing Chapter 7?

When financial hardship spins out of control, you may reach out to Chapter 7 bankruptcy for quick debt relief and start building your credit again. However, you may have to give up your non-exempt property in order to pay the debt off. Skilled bankruptcy lawyers in Oceanside will guide you through the steps and protect some of your assets that you may end up losing if you try to file bankruptcy Chapter 7 yourself.

An attorney will not only maximize the possible benefits of filing for bankruptcy relief; they will also relieve you of unnecessary stress and save you a great deal of time you would otherwise spend on your case. Here’s how your bankruptcy lawyer in Oceanside can help!

To file required Chapter 7 legal documents

Filing bankruptcy requires a lot of paperwork. If you file bankruptcy Chapter 7 yourself, you may easily fail to file all the required legal documents. If this doesn’t get remedied, your case will be dismissed and you will lose your chance of a fresh financial start.

On the other hand, without legal assistance, chances are that you won’t draft and complete all the required documents precisely and accurately, which will result in the dismissal of your case.

Even though the court clerk can assist you in finding the required document templates online, they cannot provide legal advice or fill out the forms for you. With an experienced bankruptcy attorney by your side, however, you won’t have to spend hours on filling out paperwork and revising the documents.

To protect your assets

Although the goal of Chapter 7 bankruptcy is to provide debt discharge, Chapter 7 also requires that you forfeit or sell some of your property in return. The court will appoint a trustee, who will carefully examine your bankruptcy papers. The trustee will look for any non-exempt assets to liquidate for the benefit of your creditors.

A well-versed attorney in Oceanside can help protect some of your assets. If you own a house, car or something you hold dear to your heart like a family heirloom and decide to file bankruptcy Chapter 7 yourself, you may risk losing some of your valuable property.

To prepare you for the bankruptcy hearing

If you hire a lawyer, they can even attend bankruptcy hearings for you. However, there is one hearing you need to attend with your attorney, and it is the 341 meeting of creditors.

This is where you meet with the trustee and, possibly, your creditors. If you file bankruptcy Chapter 7 yourself, you will need to answer their questions about your assets, income, debts, etc. Keep in mind that you will be under oath and with no knowledge of the law.

As you can tell by now, filing for bankruptcy entails thorough preparation. The same goes for the 341 bankruptcy meeting. Not only will your bankruptcy lawyer prepare and file your case but they will also make sure that you are adequately prepared for the meeting with the trustee.

To face motions or adversary actions

Sometimes, the whole process doesn’t go as smoothly as you may think it will. Dealing with creditors can be tricky. They may challenge the dischargeability of your debt.

On the other hand, the trustee may state that you have committed fraud. This is why it’s important that you have a knowledgeable lawyer on your side to face any motions or adversary actions that are filed and to defend you against the accusations.

Don’t file bankruptcy Chapter 7 yourself in Oceanside, that’s what we are here for!

With a vast experience in helping debtors navigate the bankruptcy system, San Diego and Riverside County bankruptcy law firm of Chang & Diamond, APC can guide you through the bankruptcy process with as little as pressure on you as possible. Call us today to schedule a consultation. Let’s lift the weight of your financial burden off your shoulders!