You may have ignored a bankruptcy option for quite some time now because you do not want to deal with its legal process. However, your current financial standing may reach a point where you can no longer neglect it, and a bankruptcy declaration is necessary. With this, you may wonder if and how to make this process less legally invasive. That said, please follow along to find out whether you can file for bankruptcy without going to court and how a proficient Rockland County bankruptcy attorney at The Law Offices of Allen A. Kolber, Esq., P.C., can help you prepare appropriately.
Can I file for bankruptcy without hiring an attorney?
For one, you may have never had to use an attorney’s services before in your life. What’s more, you may be unwilling to invest in this legal representation, considering that you are already in a poor financial situation. Ultimately, you may consider yourself a pretty self-sufficient and private person who dislikes seeking outside help. Given all these conditions, you may be more inclined to follow through with a bankruptcy declaration if you can go through the legal process alone.
Well, lucky for you, it is possible to file for bankruptcy in New York State without an attorney. This is otherwise known as a pro se bankruptcy. However, this may only be feasible if you have a generally simple bankruptcy, with little to no non-exempt assets, non-dischargeable debts, etc. Of note, our law firm offers free initial consultations for our first-time clients, so we will be able to strongly advise you on whether or not you should represent yourself in bankruptcy.
Can I file for bankruptcy without appearing in court?
Contrary to what you may initially assume, the bankruptcy process does not necessarily require you to appear before the New York State or federal bankruptcy court.
That is, you are expected to attend a 341 meeting of creditors, where you must answer questions under oath about your financial situation. A judge may not be present for this meeting, but rather your appointed bankruptcy trustee or a representative from the United States Trustee’s office. And while all your creditors are invited, most may not attend. All of this to say, a 341 meeting of creditors is a considerably informal meeting not held in a courtroom setting.
Now, you may only be asked to stand before a bankruptcy judge and court if issues arise during your bankruptcy proceedings. Specifically for a Chapter 13 bankruptcy, this may be for your confirmation hearing for your three- to five-year repayment plan. Or, if your financial situation changes during your plan, prompting you to petition for an amendment. Generally, though, you may request a fee waiver, file a motion to extend your automatic stay, face adversary proceedings, etc.
To ensure your legal argument is well fleshed out, please seek the aid of a talented Rockland County bankruptcy attorney. You may rest better knowing that the team at The Law Offices of Allen A. Kolber, Esq., P.C., will not let you enter this legal process without being properly prepared. So please pick up the phone and request our services today.
