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CA Lawyer
CA Lawyer, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Attorney
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I used a document preparation service to file for

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I used a document preparation service to file for bankruptcy. I am going to meet with my creditors in court next week. Since I am not represented by an attorney, am I putting myself in a risky position?, or would the procedures and outcome be the same with or without one?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  CA Lawyer replied 8 years ago.
The procedures and outcomes would typically be the same; however, there are certainly risks with not using an attorney.

The main risks with not using an attorney is that you might not have filled out the form rights and you might not have properly prepared for the bankruptcy filing. When you have someone familiar with bankruptcy to advise you (document prep services can't provide legal advice), you can cover all your bases and have a good idea of how the case will go before it is filed. Typically, if you filled something out wrong, the trustee will let you correct it, they will just ask you to do so at the hearing. However, if you failed to plan correctly (say you owned non-exempt assets at the time of filing, or had excess disposible income) that could have some irreparable negative effects.

At this point, you will want to look over your exemptions and schedules and make sure you are aware of any issues there might be. Primarily, the trustee will be asking you about those schedules.

If you have any follow up questions, just let me know. Also, if you do have any specific questions, let me know what court you filed in and what state.

If this information was helpful, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are appreciated if deserved. If you need any clarification, just post a reply. Thanks!

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