Why use an attorney for a chapter 7 bankruptcy?
In some circumstances it may make sense to use a paralegal or to prepare the petition yourself; however, in the overwhelming majority of cases the use of an attorney is almost required. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCA) resulted in significant changes, which as a whole made filing bankruptcy considerably more complicated. The changes written and implemented in BAPCA by Congress, who by the way are neither bankruptcy scholars nor bankruptcy judges, have been regarded by many as poorly written. The forms are confusing and seem repetitive. BAPCA has left too many questions unanswered. In fact, a great number of general practice attorneys chose not to take any more bankruptcy cases for fear of the many pitfalls and negligence traps that exist within the new bankruptcy code. For example, determining what state’s exemptions apply to a particular debtor has now become a complex equation, which could lead a debtor or an unsuspecting attorney to believe certain assets are safe from the reach of creditors when they aren’t. To protect your assets and to protect yourself, you should hire an attorney or law firm that is experienced in chapter 7 bankruptcy and will make sure you get your discharge with as little issues as possible.