Do I Need A Lawyer To File a Bankruptcy Case In Oklahoma

by Meagan Kania on July 13, 2011

Quality Bankruptcy Lawyers For All Of Oklahoma:

You as an individual you do not have to have a lawyer to file for bankruptcy protection under title 11 (Bankruptcy Code) however Corporations or Partnerships are required to be represented by legal counsel in any bankruptcy proceedings.  When an individual files for bankruptcy they are called the “Pro Se” petitioner.

While all the forms required for filing can be found on the websites of the Bankruptcy court it can be extremely difficult to successfully complete your bankruptcy case due to the complex and technical nature of the process. When Filing a simple mistake may affect your rights for example, failure to file credit counseling certificate or financial management counseling certificates in a timely manner may lead to the dismissal of your case, which may affect your right to file a subsequent case or shortening of any automatic stay protection period during your subsequent case.

If you file bankruptcy without legal representation, you have to be aware that you will be held responsible for knowing and adhering to the federal bankruptcy code & procedures, including local rules and regulations and a simple misunderstanding may lead to serious consequences such as loss of property that may otherwise may have been protected had proper exemptions been applied or even be prosecuted for bankruptcy fraud by hiding any assets by not listing them on your schedules or transferring them to family members or insiders within the statutory period prior to bankruptcy filing.

Although the clerk’s office of the bankruptcy Court  in your jurisdiction may be able to provide you with the necessary forms, they are prohibited from providing anyone with legal advice, nor are paralegals or typist as they are not authorized to do so.

Since bankruptcy has serious long term financial and legal consequences, it is strongly recommended that you hire a competent Bankruptcy attorney.  Even if you cannot afford to pay an attorney, you may be able to qualify for free legal services. For information about hiring an attorney, or about free (also known as “pro bono”) legal services, contact your state or local bar association.

Contact us Today for a free bankruptcy consultation and learn your rights under Oklahoma Bankruptcy Law.

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