According to the state bar, 40-50% of Arizona bankruptcy filings occur without an attorney (“pro se” in legalese). Most individuals who file for bankruptcy are at rock bottom, and do not believe they can afford an attorney, or that it will be necessary to a successful outcome of the proceedings.
However, the importance of an attorney is obvious form the statistics. While one in five Chapter 7 cases are dismissed or converted to Chapter 13, only one in fifty were dismissed or converted when represented by an attorney.
Furthermore, since the 2005 Amendments to the Bankruptcy Code, an individual or entity filing for bankruptcy faces a much more difficult slog than ever before. From credit counseling to means testing, there are more pre-requisites to filing, and there are more hurdles to overcome.
The bankruptcy rules are complex, technical, and numerous. A court will not give you a second chance if a mistake is made. A lack of forthrightness or truthfulness can even amount to bankruptcy fraud, which may lead to a denial of discharge or, even worse, a federal charge against you. The consequences of bankruptcy last for years, and can affect the rest of your life. Whether that effect is positive or negative may depend on the quality of representation you receive.
It is important to have a qualified bankruptcy attorney handle your case. It will make the process go smoothly, make sure decisions are made strategically and with your informed understanding, and that your case proceeds so that you receive the full relief and benefit to which you are entitled under the Bankruptcy Code.
Stephen M. Trezza, Arizona Bankruptcy Attorney
(520) 327-4800
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