Top Reasons for Hiring a Consumer Bankruptcy Lawyer

Making the decision to file for personal bankruptcy can be a complicated one, and it is important to reach that decision with guidance from an experienced consumer bankruptcy lawyer in Oak Park. While it is possible to file for bankruptcy without having an attorney, U.S. bankruptcy law is extremely complex, and there are many different reasons to have a lawyer on your side. The following are some of the top reasons to hire a consumer bankruptcy lawyer when you are considering Chapter 7 or Chapter 13 bankruptcy.

You Will Need Assistance Determining the Best Type of Bankruptcy for You

Although it is a common misconception, you cannot simply choose the type of bankruptcy for which you will file. To be clear, you cannot choose between Chapter 7 and Chapter 13 bankruptcy based on what you want to get out of the bankruptcy. Rather, you will need to prove that you are eligible for the particular type of bankruptcy for which you plan to file. Proving eligibility for Chapter 7 bankruptcy as a consumer requires passing the “means test,” while eligibility for Chapter 13 bankruptcy requires you to show that you are a wage earner who can satisfy the terms of a debt reorganization plan. You will want an attorney to assist you.

You Will Not Have to Worry About Errors That Can Jeopardize Your Bankruptcy Discharge

Without help from an experienced bankruptcy lawyer, you could make mistakes in your bankruptcy case that could jeopardize your ability to obtain a discharge.

You Will Have Help Ensuring Creditors Do Not Violate the Automatic Stay

One of the best tools in a consumer bankruptcy case, whether you are filing for Chapter 7 or Chapter 13 bankruptcy, is the automatic stay. The automatic stay prevents creditors or debt collectors from continuing to take any type of action to collect on a debt, including moving forward with foreclosure proceedings, initiating or moving forward with a debt collection lawsuit, garnishing your wages or bank account, or even continuing to contact you to try to get you to repay a debt. While the automatic stay attaches as soon as you file for bankruptcy, creditors and debt collectors may not always abide by the rules, and it will be important to have a bankruptcy lawyer who can ensure that creditors do not violate the automatic stay.

You Will Have an Experienced Advocate Who Understands U.S. Bankruptcy Law

As we said above, bankruptcy law in the U.S is complicated, and there are numerous legal intricacies in every consumer bankruptcy case. To ensure that your bankruptcy case goes as smoothly as possible, you will want to have an experienced advocate on your side with years of experience handling Chapter 7 and Chapter 13 bankruptcy cases. From handling the day-to-day issues in your bankruptcy case to contending with issues or problems that arise unexpectedly, you will want to have a bankruptcy lawyer on your side with experience handling cases like your own.

Contact Our Oak Park Bankruptcy Lawyers

Whether you have questions about the consumer bankruptcy process or want to learn more about how an experienced Oak Park bankruptcy attorney can assist with your case, an advocate at our firm can speak with you today. Contact the Emerson Law Firm to learn more about how we can assist with your personal bankruptcy case.



See Related Blog Posts:

If a Family Member Cosigned a Loan, Can I Still File for Bankruptcy?

“Spike” in Consumer Bankruptcy Filings May Occur Soon




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