Your Attorney's Duties in a Chapter 7
While it is your right to handle your own bankruptcy filing, and there are
many "do it yourself" kits on the market, you may want to seriously consider
hiring an attorney. Depending on your situation, the bankruptcy process can be
complex and confusing. To illustrate, the following is the attorney's role in a
chapter 7 case:
- Evaluate the type and amount of a debtor's obligations and decide the
best course of action for them
- Determine the debtor's degree of urgency to file bankruptcy (emergency,
routine, or planned)
- Determine the debtor's eligibility to file for relief under a specific
chapter
- Explain the relief options available under chapter 7 and 13, and their
pros and cons
- Collect and assemble the information necessary for filing the required
forms
- Prepare the required documents, schedules and forms
- Help the debtor with bankruptcy "estate planning" to allow them to keep
as many assets as possible
- File the necessary documents, schedules and forms and inform the
debtor's creditors of the case initiation
- Help the debtor prepare for the meeting of the creditors
- Attend the meeting of the creditors with the debtor
- When required, prepare amendments to documents, schedules, and forms
- Assist and counsel the debtor with any creditor's claims, reaffirmation
agreements, or adversarial proceedings
- When required, attend the discharge or reaffirmation hearing with the
client and provide counsel
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