Fox Law Services

Filing bankruptcy is one of the most significant and far-reaching decisions a person can make, and it cannot and should not be a decision taken lightly. A common temptation during the difficult time leading up to a bankruptcy is for individuals to file by themselves; after all, as the thinking goes, if I had enough money to pay an attorney, I would have paid these debts already!

Succumbing to that temptation would be a big mistake. As soon as you retain The Fox Law Office to represent you, we start employing strategies (which many people who file on their own never consider) that could leave you with thousands of dollars more after your bankruptcy than you otherwise would have. In fact, there is one simple action you can take as soon as you retain us that could start saving you hundreds (and in some cases thousands) of dollars today. Add in the cost of time taken off work to appear at hearings or to research all the ins and outs of bankruptcy law and we think you will agree that the value The Fox Law Office creates for you far exceeds the cost of our services.

Still not convinced? There are many more reasons why the “do-it-yourself” approach may not be the best one for you. Consider these additional benefits of having The Fox Law Office on your side compared to the potential pitfalls of self-filing:

• Breathing Easier with the Automatic Stay

In almost every bankruptcy, the automatic stay is one of the biggest benefits. It prevents creditors from taking any actions, including foreclosure or repossession, against you to collect a debt. It is a powerful tool that is only available in bankruptcy. If you’re fighting to keep your home, the stay can buy you the time you need to pursue a plan of action, such as applying for one of the various federally-sponsored loan refinance or modification programs. If you can no longer keep paying your “underwater” mortgage, the automatic stay gives you time to make other living arrangements so that your transition out of real estate ownership is as seamless as possible.

One of the first actions many mortgage lenders take after they receive notice of a bankruptcy is to file a motion asking the court to lift the automatic stay so that the lender can foreclose. The intricacies of opposing motions in the bankruptcy court can be difficult to master, even for experienced attorneys. Oftentimes unrepresented filers are not aware of powerful arguments they can raise. The judge cannot and will not raise them for you. On top of that, if you cannot persuade the court that you have a viable recovery plan, you may not be granted enough time to create or implement one. For those clients who desire to keep their home, The Fox Law Office can develop the type of sound financial plan that the court looks for, a sensible plan that you can commit to on a long-term basis.

• Discharge Your Debts

Discharge of your debts is another powerful tool bankruptcy offers and is the primary goal of most people who file. You will no longer be legally required to pay any debts that are discharged, enabling you to get a fresh start. Examples of some of the types of debt commonly discharged include credit card or medical bills.

Unfortunately, certain kinds of debts are not dischargeable. Whether or not it makes sense for you to file will depend on how much, if any, of these non-dischargeable debts you have. Additionally, a number of other complicated issues can arise concerning the discharge. What if someone co-signed a loan with you? How does your bankruptcy affect their responsibility? Will they be responsible for the entire debt? The Fox Law Office can be trusted to navigate this and other complex questions for you.

• Keep Your Possessions in Chapter 7

Bankruptcy law allows you to exempt some of your property from being sold to pay off creditors if you file under Chapter 7. Most people keep a substantial amount, if not all, of their personal property after a bankruptcy.

However, there are complex rules in place for property exemptions and many factors must be considered to get the maximum benefit from exemptions. This can be a particularly hazardous benefit to obtain for unrepresented filers because your entire case may be dismissed or the court may not allow your discharge if you do not do it correctly. Usually, only an attorney has the knowledge needed to help you keep as much of your property as the law allows.

• Get Your Fresh Start

Most importantly, bankruptcy gives you a financial fresh start. That means no more anxiety caused by lawsuits, collection agencies or repossessors. You are free to devote your time and energy to getting on with the rest of your life.

All too often, however, the unrepresented filer trades one anxiety for another by going it alone and subjects himself or herself to considerable stress. Tasks which are routine for a bankruptcy attorney may be quite difficult for someone unfamiliar with the ins and outs of bankruptcy law. Unscrupulous creditors may employ tactics they otherwise would not attempt because they suspect you don’t know your rights.

There are many more examples that could be listed, but the bottom line is that it doesn't make sense to leave your financial future to chance. Gain an ally who knows the turf and can fight for you. Call us today at (888) 576-2285 to schedule your free, no-obligation consultation.