A recent post on the Internet myth promoted more and more common - a blatant lie, most likely to say - about filing for bankruptcy, and that is that the debtor is no longer, even with good chapter 7 bankruptcy without a lawyer, let alone any kind of failure. As the author of this piece is put in the title of his award, Verizon.com Article reproduced with the title "Sorry, can not file for bankruptcy Without a lawyer. "
In these tough economic times when consumers show greater sensitivity than the cost of insolvency proceedings, which is a common sense, or at least a close variation of it what you always hear the traditional bankruptcy professionals in those days. Obviously there is a growing sense among lawyers for bankruptcy, and the swelling army of unemployed Americans to ask the bankruptcy proceedings, which in large part only withBankruptcy> without a lawyer could be a debtor files Chapter 7 bankruptcy statement. Usually, failure of traditional dispute lawyers' alleged inability of the debtor's bankruptcy without a lawyer to file in the same direction, the writer says in the article above, ie made to implement that, since the new " reform "or bankruptcy BAPCPA in October 2005," the climate has changed dramatically "in relation tothe law and procedures of filing bankruptcy, and thus become "complex" now that it's almost too difficult, if not impossible, for a debtor to file Chapter 7 bankruptcy without a lawyer. Or for him or her to file Chapter 13, or the failure of any kind
How To File For Chapter 7 Bankruptcy
BUT, the new law very complex?
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This view could not be false or erroneous, however. In fact, nothing - could - absolutely NOTHINGbe further from the truth in all-day administration of the bankruptcy system! Actually, what is it really true that the objective and experienced people with experience of all the spectra of the failure of the industry, including lawyers, trustees and the court judges, bankruptcy who specialize in it are quite extensively in the minutes that most personal bankruptcies are very simple. So much, in fact, say that this work did not really need the services of an attorney toto manage because they are generally simple and direct, in general, very basic and largely clerical in nature, and run. Most of these experts say that at least with regard to Chapter 7, except in Chapter 13, borrowers can easily file Chapter 7 bankruptcy without a lawyer.
They call usually two main reasons on which they rest their base for these words: (1) that the vast majority of cases, personal bankruptcy is so-called "no asset" or "minimum asset" cases - cases where the debtor or because they literally just absolutely nothing that creditors may attach or complaint, let alone money to pay the heavy fees of the lawyer, and thus have no no basis for concern for lawyers, because they trusted no assets or capital to a lawyer for protection from creditors, bankruptcy if you have registered, and (2) the fact that the failure to say, that (contrary to common belief of the laymanBankruptcy> is a complicated process), is actually a relatively simple matter, often with the mere completion of simple forms and submitting them to the routine local bankruptcy court.
Janice Kosel, a professor of law at Golden State University, San Francisco, and author and recognized expert on personal bankruptcy, said:
"You need a lawyer, a Chapter 13 (bankruptcy) filing reimbursement plan No, [self]Plans to submit a Chapter 13 is often easier to prepare your tax return. If you do, you probably can run your ... [failure] is ... It is not necessary (under the law) that you have a lawyer (in the order file, bankruptcy) ... You can choose to represent themselves. "
Stephen Elias, California Lawyer, a prominent writer and specialist in bankruptcy law, which took the latter:
"There areRarely a good reason to use a lawyer in a case of consumer bankruptcy Chapter 7. The procedures are almost exclusively administrative - that is, there is an appearance before a judge ... The forms are all (with few exceptions) in plain English preprinted ....[ But] despite this fact, what is tragic is that people actually think that legal representation should be [able to do so] they have. "
But a large number of debtors presentation ALWAYS PRO SEDo you already have with the restrictive 2005 law
But in all this there is probably a single piece of evidence, considered the strongest evidence the clearest proof, and most of the total error remains indisputable claim that bankruptcy is "complex" and are beyond the capacity of the average debtor or take. And it is this: the joy STATISTICS!
Independent study and other studies of this writer, as well as bankruptcy courtStatistics show that the registration in some parts of the United States, but especially in countries such as New York city, Arizona and Los Angeles, both before and after the draconian 2005 law "reform", a significant number of the debtor, the insolvency in particular Chapter 7, still file Chapter 7 bankruptcy without a lawyer. Borrowers who are known as Pro SE filers, which means that without using a lawyer! And whiletheir numbers may have been higher in previous years were made to the BAPCPA law, remains significantly higher number continues to grow, and now slowly in the current state of the national economic downturn.
For example, in the Central District of California, San Fernando Valley Division was reported the percentage of debtors who had filed for bankruptcy, without recourse to lawyers shortly before the 2005 law in force was approximately 50% wide, but then asJune 2006, after the restrictive 2005 law went into effect, was about 27%. (This figure should become apparent much later than the day after the end of 2008 and beyond to provide a time when a severe economic crisis and unemployment made the nation!).
After the adoption of the law of 2005, there was a sharp drop immediately because of the number of bankruptcy filings. But now that borrowers always overwhelmed by their debts due to the economic crisisRecession, and worries are growing about the costs of insolvency proceedings begin, then back to the previous options in bankruptcy, they do not include bankruptcy lawyers means. And to ask, given the severe economic crisis and unemployment, which has since taken the nation by the end of 2008, and the fact that by the end of 2008, official statistics for the failure Entire once again exceedsFiler 1 million for the year 2008, clearly the American debtors to start over, the troops, the bankruptcy courts for relief, with or without lawyers, attorneys, regardless of the obstacles and disappointments thus far on their way from the new law 2005!
Listen to this first hand, "experts":
"When I am with no choice but bankruptcy, I did what most people, I found a lawyer. Within a few weeks are disillusioned with the 'Service lawyer and I realized that probably do yourself, "written by Sandra D. Weisner Ohio, a recent bankruptcy filers.
"After much searching, I finally found this book ... manual explains all the details of the declaration of bankruptcy on your own .... if a lawyer for my documents and when you step by step guidelines form .. .. The 'to use the card without the "German lawyers" that lawyers and written to confuse us in the dark. There aregreat resource for online research necessary forms and obtain the additional information is required to file for bankruptcy.'ve saved me much time, effort and money. I would recommend this guide to third parties. You can do it yourself. "This statement by SANDRA D. Weisner, a recent bankruptcy filers in Ohio had been from her, after using a competent self-service user to make their own insolvency (easy and successful, he explained) andhonest about it, written for the record, on Amazon.com.
What is there to say, really? What evidence is solid and objective evidence that it is a simple matter, really, that a regular, average American debtor and DO, easy file bankruptcy successfully, especially file Chapter 7 bankruptcy without a lawyer? He pretends to have been for decades. He speaks in it now! And these writers (andmany other students of the American bankruptcy law aim to know) that there is in fact too well at first hand, by a preponderance of studies!
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