Legal Question in Bankruptcy in Virginia

Chapter 7 Bankruptcy

I am considering filing for consumer bankruptcy (Chapter 7) due to an extended period of unemployment and not being able to make timely payments to several creditors. I am done some research on dealing with financial hardship and have recently come to the conclusion that i need to consider personal bankruptcy as an option. Because i have no income or assets to speak of, how can i file for bankruptcy without having the means to pay an attorney to file on my behalf? If i file for bankruptcy, may i act on own behalf without legal representation due to my financial situation? If not, what should i do?


Asked on 1/16/98, 3:05 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Bankruptcy representation

While, legally, you can file bankruptcy without a lawyer, it is a big mistake to do so.There are too many traps for the unwary that may cost you assets that you could otherwisekeep or the discharge of some or all of your debts, or even could result in criminal penalties.

Bankruptcy, funny as it sounds, is usually notfor the totally impecunious. It stops collection of debts, but if you have no incomeor assets to collect from, it doesn't matter.And filing now before you have found a job andfigured out how you are going to take advantageof the "fresh start" bankruptcy provides maybe a mistake, as you can only get a Chapter 7discharge once per 6 years (and in Virginia, the "homestead" exemption is only availableonce per lifetime. While there are times whenfolks in your situation appropriately file, itshould only be done upon the advice of counsel.Generally, if you can't afford the relativelymodest fees for this extraordinary relief, youare, in fact, too poor to benefit from it.

Bankruptcy legal fees are not very expensive,(we charge $600-$1000 for Chapter 7, based on the complexity of the case), considering whatyou get. We also provide free consultationson bankruptcy matters, as do many bankruptcylawyers, so you can make an informed decisionas to whether filing is in your best interestand whether you believe the quoted fee is worth it. If you cannot afford that but stillbelieve bankruptcy is appropriate, legal aid should be able to help.

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Answered on 1/22/98, 8:16 am


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