Do-It-Yourself vs Bankruptcy Lawyers & Petition Preparers
Individual consumers may represent themselves "pro se,” or without an attorney, in the bankruptcy court but to go through the whole bankruptcy process without legal aid is going to be quite an adventure. The consumer might actually regret not seeking the assistance of a bankruptcy professional, when he/she missteps in filing his/her papers and documents, and when it leads to the case being dismissed.
That’s not the worst case scenario, it may also happen that because of errors or inaccuracy in the information placed in the papers, the consumer may be slapped with a criminal lawsuit. In the new bankruptcy law, fraudulent cases get transferred to the Attorney General’s office for prosecution. Wouldn’t it be a nightmare for the consumer to find himself/herself facing not just a dismissed petition but a criminal case too?
For those reasons the consumer is strongly advised to seek the help of the either a lawyer, who can function in behalf of the consumer (can represent him/her fully), or a Bankruptcy Petition Preparer (BPP), whose function maybe is limited to just really typing information from the consumer into the papers and documents, but at least he/she knows the procedures.
The court treats an individual filer, who chose to go at the case “pro se,” or without a legal representative, as somebody who is very familiar, or adept with the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and also the rules of the local court, where the case was filed.
On the other hand, if the consumer has with him/her a bankruptcy expert (say a BPP), all the Director's Procedural Forms will be taken care of, and all his/her concerns will be addressed, neglect will be minimal or non-existent, and if unexpected turns or issues arise in the middle of the proceedings, the consumer would have somebody to guide and protect him/her (a lawyer) against the creditors and/or the trustee.
Read more about the costs and fees for bankruptcy filing:
The fees for bankruptcy petition preparers
The fees for bankruptcy lawyers
How to find a bankruptcy attorney
