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Livonia Michigan Bankruptcy

Michigan Bankruptcy Blog

“N” is for Non-Attorney Bankruptcy – Livonia Michigan

Posted by Peter Behrmann, Esq. On April 30th

“N” is for Non-Attorney Bankruptcy

You do not need an Attorney to file Bankruptcy.  In fact, when you first meet with me I have to give you a disclosure that tells you can file your own bankruptcy, hire an attorney, or use a Bankruptcy Petition Preparer.

Written Notice Required by 11 U.S.C. Section 527(b)

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.

  • If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney.  THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFIYING WHAT THE ATTORNEY OR BANKPRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST….

So you have three Choices, you need to decide what to do and how to get there.

Choice #1 – The Do it Yourself Bankruptcy

If you do not want to hire anyone you can download all of the court forms from the internet and fill them all out correctly and file your case on your own with the Bankruptcy Court.  The Biggest issue with filing your own bankruptcy is you have no idea what you are doing, or what you may lose.  People who file on their own almost always fill their forms out incorrectly.  The Bankruptcy Trustee can then take your property or belongings, or worse ask the bankruptcy court to deny you a discharge in Bankruptcy if you do not fill the forms out correctly.  I have seen people lose thousands of dollars in assets, just because they did not hire a proper attorney to prepare their bankruptcy petition. 

Choice # 2 – Use a Bankruptcy Petition Preparer

In Metro Detroit, a Bankruptcy Petition Preparer can only charge you up to $100.00 for their service.  The State Bar of Michigan prevents the Bankruptcy Petition Preparer for giving you any legal advice.  Basically, all the Bankruptcy Petition Preparer can do is, give you the forms to fill out, and tell you where the bankruptcy court is to file them for $100.00.  The bad news is a lot of Bankruptcy Petition Preparers charge you much more than $100.00, sometimes more than a Bankruptcy Attorney, but then force you to lie that you never paid them and never met them on your bankruptcy petition and at the bankruptcy court.  The issue is then now you have committed perjury on your bankruptcy petition for not disclosing what you paid your Bankruptcy Petition preparer.  When you get to court the Trustee will ask you again if you have paid anyone to help you with your Petition, again you lie and say no.  Then when the Trustee starts asking you how your filed out the petition, you can’t answer the questions correctly because you did not fill out the petition, so the trustee files a Motion to Dismiss your case and prevent you for getting a discharge for lying on your Bankruptcy Petition, and lying to the court.   

Choice # 3 – Hire a Competent Bankruptcy Attorney

This is by far the best choice when looking to file bankruptcy.  You can read my prior blog entry on how to find the best attorney to file your bankruptcy here.  There have been countless people who lose their assets and never received their bankruptcy discharge because they attempted to use a non-attorney petition preparer or filed on their own.   Now more than ever it is important to use an attorney that practices exclusively in the field of bankruptcy. Because of the bankruptcy law changes that took effect in 2005, bankruptcy is no longer an area of law that an attorney should just do a little bit of work in.  You as a client deserve an attorney that practices in the field of bankruptcy exclusively. 

 

Peter Behrmann is a Livonia Bankruptcy Attorney.  From my Livonia, Michigan location, I represent clients throughout Metro Detroit and beyond, including Garden City, Wayne, Westland, Redford, Dearborn, Taylor, Ann Arbor, Belleville, Northville, Novi, Farmington, Farmington Hills, Plymouth, Canton, and the Counties of Wayne, Oakland, Livingston, and Washtenaw. My practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.

 

Photo Credit: TooFarNorth

 

Other Bankruptcy Attorneys Blogging on the letter “N”

  • Northern California Bankruptcy Court – Marin County Bankrupttcy Lawyer, Cate Eranthe           
  • NACBA – Wisconsin Bankruptcy Lawyer, Bret Nason        
  • Naked – New York Bankruptcy Lawyer, Jay S. Fleischman 
  • Negative Notice – Jacksonville Bankruptcy Attorney J. Dinkins G. Grange
  • Never – Cleveland Bankruptcy Attorney William Balena     
  • No Asset – Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein           
  • No Asset Report – Honolulu Bankruptcy Lawyer, Stuart T. Ing      
  • Non-exempt Property – Miami Bankruptcy Attorney, Dorota Trzeciecka            /
  • Nondischargeable – Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein
  • Nondischargeable – Northern California Bankruptcy Lawyer, Cathy Moran           
  • Nondischargeable Debt – Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell           
  • Notice – Colorado Springs Bankruptcy Attorney Bob Doig 
  • Notice – San Francisco Bankruptcy Attorney, Jeff Curl       
  • Notice – Taylor, Michigan Bankruptcy Attorney, Chris McAvoy 
  • Notice of Rights to Claim Exemptions – Charlotte Bankruptcy Attorneys, Collum & Perry           
  • Numbers and New Bankruptcy Laws – Los Angeles Bankruptcy Attorney, Mark J. Markus