Do I Need a Lawyer to File for Personal Bankruptcy in San Diego?

Are you considering filing for bankruptcy protection? You are not alone.The American Bankruptcy Institute (ABI) reports that more than 35,000 people filed for personal bankruptcy protection in California alone in 2023—and the preliminary data for 2024 indicates that the number of Chapter 7 and Chapter 13 bankruptcy filings are on the rise in our region. 

You may be wondering: Do I need to hire a lawyer to file for bankruptcy protection? While it is possible to file for bankruptcy without a lawyer, it is strongly recommended that you seek professional representation. Bankruptcy is a complicated process. Here, our San Diego bankruptcy attorney highlights the benefits of working with experienced legal counsel. 

You are Not Required By State or Federal Lawyer to Have a Bankruptcy Attorney

As a starting point, it is important to understand how the law actually works. You are not required by either California law or federal law to hire a bankruptcy attorney. While certainly not advisable, filing for bankruptcy protection without a lawyer is allowed. 

Notably, you have a right to hire a bankruptcy attorney in San Diego. It is your right to professional legal representation through every stage of the bankruptcy process. If you hire a lawyer, creditors and the bankruptcy trustee must work through your attorney. 

Six Reasons Why Should Always Be Represented By a San Diego Bankruptcy Lawyer

Why is it so important to hire a bankruptcy lawyer? Filing for bankruptcy protection in San Diego is notoriously complex. You can run into problems during any stage of the process. Your attorney is your advocate. You need a San Diego bankruptcy lawyer with a deep understanding of the law, insight into how the process actually works, and who has a commitment to devote time and resources to your case. Here are six key benefits of retaining the right San Diego attorney: 

• Comprehensive Evaluation of All Bankruptcy Alternatives: Filing for bankruptcy is a big step. Before diving head first into bankruptcy, it is essential to understand all of the available options. A San Diego bankruptcy lawyer provides a comprehensive evaluation of your financial situation. Your lawyer will help you assess and explore alternatives to bankruptcy such as debt consolidation and negotiation with creditors. Your attorney will make sure that bankruptcy is truly the best financial option for your specific circumstances. 

• Determine What to File for (Chapter 7 or Chapter 13): Deciding whether to file for Chapter 7 or Chapter 13 bankruptcy is one of the key choices that you will need to make at the outset of the process. These are the two main types of personal bankruptcy. Each option offers different benefits and they are suited to different situations. Chapter 7 (liquidation bankruptcy) involves discharging most unsecured debts but requires passing a means test and potentially losing some assets. In contrast, Chapter 13 allows for debt restructuring and is more suitable for those with a regular income wishing to keep their property. 

• Gather and Organize All Relevant Financial Records: Organization is essential. A successful bankruptcy filing depends on presenting detailed, accurate, and comprehensive financial documentation. Among other things, you should collect your bank statements, credit card bills, loan documents, and other financial records. A bankruptcy lawyer in San Diego can help you gather and organize all necessary documents to ensure your filing is complete and accurate. 

• Handle the Bankruptcy Paperwork: Filing for bankruptcy involves extensive paperwork. Indeed, it is a paperwork-intensive process. It includes the petition, the schedules, and various forms detailing your financial status. The complexity of this paperwork can be truly overwhelming. A San Diego, CA bankruptcy attorney ensures that all documents are filed correctly and in a timely manner. Your bankruptcy lawyer will ensure that all of the paperwork is completed accurately and thoroughly. 

• Represent You in Negotiations (Keep Your Property, Limit Payments, etc): To be clear, a San Diego, CA bankruptcy lawyer does more than just file paperwork. Your attorney will advocate on your behalf through each and every step of the process. Both Chapter 7 bankruptcy and Chapter 13 bankruptcy can involve extensive negotiations. In negotiations with creditors and trustees, A San Diego lawyer who understands the nuances can make a big difference. Along with other things, your lawyer can argue for exemptions that allow you to keep your property, negotiate repayment plans that are feasible for you, and strive to limit the payments you need to make. 

• Set You Up to Rebuild Your Credit: Finally, your San Diego bankruptcy lawyer can put you in a best to move towards a brighter financial future. After bankruptcy, one of the biggest challenges you’ll face is rebuilding your credit. Your attorney can provide guidance for the post-bankruptcy process, including how to repair your credit.

Why Rely On Our San Diego, CA Personal Bankruptcy Lawyer 

The reality is that filing for bankruptcy protection is exceptionally complicated. With so much at stake, it is crucial that everything is handled properly. Although it is permissible to file for Chapter 7 or Chapter 7 bankruptcy without a lawyer, it can be a very serious mistake to try to do so. Le’Roy Roberson is a San Diego bankruptcy lawyer who is committed to helping clients navigate the process so that they can obtain a more secure, stable, and brighter financial future. Bankruptcy is the chance to eliminate overly burdensome debts and fix your finances once and for all. Our San Diego bankruptcy lawyer will make sure that you do it the right way. 

Get Help From Our San Diego, CA Bankruptcy Attorney Today

At Resolve Law Firm, APC, our San Diego bankruptcy attorney provides solutions-oriented legal guidance and support to clients. Have questions about the bankruptcy process? We are here to help. Get in touch with us by phone or contact us online for a completely confidential, no obligation initial consultation. We provide personal bankruptcy representation in San Diego and throughout the surrounding communities, including in Escondido, Chula Vista, Oceanside, El Cajon, and Carlsbad.