Is a Lawyer Required When You File for Bankruptcy in Florida?

When an individual or business is struggling with overwhelming debt, bankruptcy can provide protection from creditors and offer relief from some, or maybe even all, debt obligations. If you are considering filing bankruptcy as an individual or business, you may wonder if you must hire a lawyer or can handle the process alone. In Florida, all debtors filing an individual bankruptcy have the right to represent themselves, meaning they don’t have to hire an attorney. However, according to Florida law, corporations are required to have an attorney.
While having an attorney is not a legal requirement for individuals filing bankruptcy in Florida, hiring an attorney is highly recommended for various reasons. Read on to find out why hiring a bankruptcy lawyer is recommended.
Pro Se Filing in Florida
Like other states in the U.S., Florida allows debtors to file their bankruptcy cases “pro se.” This entails filing for bankruptcy without a lawyer. However, while this option might seem appealing to those looking to save on attorney fees, it may be risky. Pro se filers are responsible for all the proceedings of their case. They must be familiar with all the rules and procedures and follow them. A single mistake could lead to the dismissal of the debtor’s case. It is recommended that debtors seek legal guidance. Even the United States Courts advise that while individuals can file for bankruptcy without an attorney, they should consider seeking the advice of a qualified attorney since bankruptcy has long-term financial and legal outcomes. Not hiring an attorney could cost you far more than an attorney’s fee.
How a Bankruptcy Attorney Can Help
An experienced Florida bankruptcy attorney can provide valuable assistance if you are considering bankruptcy. Below is how an attorney can help;
- Advise you on whether to file for bankruptcy: An attorney can thoroughly assess your financial situation to determine if bankruptcy is the best solution for you.
- Explain your options: A skilled lawyer can help you understand the difference between Chapters 7, 13, and 11 bankruptcies and recommend the appropriate chapter.
- Advise you on whether your debts are dischargeable: An attorney can evaluate your debts to determine if they are dischargeable under bankruptcy laws.
- Prepare and file paperwork: Your bankruptcy lawyer can ensure you complete and file all necessary documents. They can ensure you comply with all legal requirements.
- Explain bankruptcy laws and procedures: According to the law, individuals who decide to file bankruptcy without an attorney cannot obtain legal advice from court personnel or the trustee appointed to their case. An experienced attorney can provide essential legal guidance, helping you navigate the process, avoid mistakes, and ensure compliance with legal requirements.
- Negotiating with creditors: Chapter 11 and 13 bankruptcies involve negotiating with creditors to develop a plan to restructure debts. An attorney can help you negotiate with creditors.
- Provide peace of mind: Your lawyer will handle most legal aspects of your case and offer support and guidance throughout the process, helping you feel confident and reassured.
Contact Our Deerfield Beach Bankruptcy Lawyer
If you’re considering bankruptcy, don’t navigate the process alone. Contact our skilled Deerfield Beach bankruptcy attorney at the Law Office of Adam I. Skolnik, P.A.
Source:
flmb.uscourts.gov/faqs/#Three:~:text=By%20law%2C%20a%20Corporation%20is%20required%20to%20have%20an%20attorney