Every week or so I go to Chapter 13 meeting of the creditors in Broward or Miami-Dade County and I wait for my cases to be called. Over and over again I see individual debtors, who filed for Chapter 13 bankruptcy protection, get their cases dismissed. One of the first things that the Trustee or Trustee’s attorney tells the debtor is that the filing of a Chapter 13 bankruptcy is extremely complicated and you should hire an attorney.
Why Debtors Fail to Hire an Attorney
I’ve seen numerous debtors tell the trustee that they are unable to hire an attorney because they don’t have the money necessary to pay for an attorney. What these debtors fail to realize is that in a Chapter 13 a debtor’s attorney can put their fees into the plan…. meaning the debtor doesn’t have to pay the attorney all the money up front, they could basically do a twelve month or longer payment plan.
Another reason I’ve seen debtors file bankruptcy without an attorney is because they “found a book on how to file Chapter 13” – these books don’t work. YOU NEED A LAWYER TO HANDLE YOUR CHAPTER 13 CASE.
Typically people file for Chapter 13 bankruptcy because they are attempting to save their home. If your home is that important to you and you would like have a stronger chance of saving it, you should STRONGLY consider hiring counsel.
Ofer Shmucher, Esq of Shmucher Law, PL is an experienced Miami Bankruptcy Attorney who regularly handles Chapter 7 and Chapter 13 cases for individuals. Shmucher Law, PL offers free consultations seven days a week and we have the ability to schedule evening appointments. If you are thinking of filing for bankruptcy please contact our office at 305.741.5553 or 954.309.5559.
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