According to a recent post by Professor Bob Lawless on CreditSlips.org (a bankruptcy blog that features top academic minds in the bankruptcy world), 1 in every 9 bankruptcy cases in the U.S. is filed pro se. (FYI, pro se means when you represent yourself in a case rather than hire a lawyer.) And in some districts, depending on how the Bankruptcy Judge runs things, the number may be as high as 30%.
Is this a good thing or a bad thing? It’s hard to judge, as I don’t know if this is an increase or a decrease. Though Professor Lawless does suggest that self-filing may actually increase the costs to the bankruptcy system as an inexperienced filer will need to expend much energy learning to deal with an unfamiliar system and also require an already overwhelmed Court staff to expend more energy explaining things and reviewing filed documents.
Speaking from my own experience, however, it’s rarely a good idea to file for bankruptcy on your own. Why?
- The system has grown increasingly complicated since the passage of the 2005 Bankruptcy Law. The “Means Test” is a challenge to deal with for experienced bankruptcy lawyers, let alone a first-timer layperson.
- An experienced bankruptcy lawyer knows the ins and outs and nuances of how the bankruptcy process works, whereas a self-filer is seeing everything for the first time.
- You probably will not obtain as a good a result for yourself in bankruptcy as you would if you hire a lawyer.
A good analogy is hiring a tax accountant. You pay some money to a tax accountant because it’s a relatively small amount compared with the size of the tax return you’ll get. In bankruptcy, you’re trying to get rid of as much debt as possible and reduce the amount you’ll have to pay. And if you have a good bankruptcy lawyer, then the amount you pay the lawyer is a drop in the bucket compared to the amount you’ll save or not have to pay.
On top of all of that, an experienced bankruptcy lawyer gives you peace of mind. You don’t need to worry that you missed something or forgot something or misunderstood something that could come back to haunt you. There are no unanswered questions at the end of the case.
If you’re considering filing for bankruptcy in New York and need a good New York bankruptcy attorney, please contact me to discuss appropriate strategies for your situation and to make sure you get the full benefit of the bankruptcy laws.
Contact Bruce Weiner, Esq.
EMAIL Bruce Weiner
Phone
(718) 855-6840 (Local)
(866) 402-8476 (Toll Free)
Fax (718) 625-1966
Go to bankruptcy Lawyer Brooklyn NY to learn more about Rosenberg Musso & Weiner LLP and/or to set up a free consultation.