Legal Question in Bankruptcy in Indiana
Need a lawyer to file bankruptcy?
My 24 year old son wants to file for bankruptcy. Does he need an Attorney? If he downloads the form and completes it, should he file it with the city or state?
Thanks!
3 Answers from Attorneys
Re: Need a lawyer to file bankruptcy?
He would file in either the Northern District of Indiana or the Southern District of Indiana.
If he's located in Indianapolis, he's in the Southern District and would file there.
People can do their own bankruptcies, certainly, if he's reasonably diligent and doesn't mind spending the time required to get up to speed on it.
Best of luck to him!
Re: Need a lawyer to file bankruptcy?
Bankruptcy is under federal jurisdiction, so it would be filed in the Northern or Southern District of Indiana depending on your son's locale.
Bankruptcy is more than just filling out forms and paying the filing fee-it is a form of financial planning since it has implications that can follow your son for years-some debtors can do it themselves, but there are issues in most bankruptcies that require attorney advice and handling-creditors often prey on pro se debtors who do not understand their rights and responsibilities.
Most bankruptcy attorneys offer a free intial consultation-have your son take advantage of it!!
Re: Need a lawyer to file bankruptcy?
Bankruptcies must be filed in U.S. Bankruptcy Court.
While some people prepare their own bankruptcy petitions,
most use attorneys in order to make certain that all available
exemptions are used for the person to keep his property and
that all four options for handling secured claims are considered.
Secured claims, such as a car loan, are claims where the creditor
has a lien on some of the debtor's property.
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