MORE DEBTORS DOING BANKRUPTCY WITHOUT LAWYER, A NEW SURVEY SHOWS. DEBTORS CAN ONLY SAVE ON BANKRUPT FEES DOING IT PRO SE WITHOUT ATTORNEY
Not surprising, but the long emerging national statistics show that a growing number of Americans all across the country have been filing personal bankruptcy at astronomical levels. However, even more interesting, perhaps, is a recent national random sample pulling made by one researcher about Chapter 7 and Chapter 13 bankruptcy cases filed by American debtors during the two months period of July and August of 2010, which made this significant finding: that overall, a little more than 1 out of every 9 cases (11.3%) filed in the American bankruptcy courts, were filed by the debtors WITHOUT using an attorney. The pulling, done by the University of Illinois Law School's Professor Robert Lawless, a national expert in personal credit and bankruptcy, showed that, in deed, the rate of non-attorney filings by debtors was higher in chapter 13 cases (13.8%) than it was in chapter 7 (10.1%).
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In sum, today with the bankruptcy attorneys costs still rising, more debtors file bankruptcy without attorney to save fees. rather, they get cheap fee in bankruptcy at low cost to save.
This is an interesting piece of information, no doubt!
Note one other detail here, though. That, although the specific figures of 1 out of every 9 bankruptcy filers given here may sound impressive to many of us, actually these statistics merely represent a current "national average," and may have only scratched just the surface in terms of the actual number of filers who file pro se. Lawless himself is quick to point out, that though clearly significant, this figure will probably not really strike many experts and others who are knowledgeable in the field as particularly dramatic or anything out of the ordinary. This is so because, as Lawless himself points out, actually a fact long-established in bankruptcy administration has been that in some court districts across the United States, the rate of persons who file bankruptcy pro se, has in fact hovered as high as 30% to 45%. Or more! As in major urban areas, for example, such as California, New York city, etc. In such districts, debtors get bankrupt without attorney, and save on bankruptcy fees by using the petition preparer.
BUT WHAT DOES THIS DO TO THE LAWYERS' ARGUMENT THAT BANKRUPTCY IS SO "COMPLEX" THAT ONLY SKILLED LAWYERS CAN, OR SHOULD, DO IT?
IMPORTANT: Notice this, however: That there is, for one rather obvious reason, one fundamental way in which this result of the Lawless survey is particularly most noteworthy and most significant, for the debtors as well as the bankruptcy attorneys alike. AND THAT IS THIS: Clearly, just this mere PROOF POSITIVE alone which shows that these many number of American bankruptcy filers, and such a significant proportion of them, do actually do their bankruptcies WITHOUT using attorney, immediately throws a big wrench into the one major basic argument historically used by the organized bar and the lawyers in discouraging and stopping the American debtors from ever exploring low-cost non-lawyer alternatives in bankruptcy filings. In deed, this demonstrated FACT immediately "puts the lie" to that historical basic argument of the bankruptcy attorneys.
A common claim and contention of lawyers, is that the task of doing what is, essentially, really a FINANCIAL business of bankruptcy filing, should be left absolutely and solely as the exclusive preserve of "attorneys" to be done only by them, and no one else. And in making this claim, a favorite argument often heard from them, is that, according to them, the process involved in filing bankruptcy is a "complex" undertaking for any one other than the supposed technicians of the law to dabble into. In a word, according to them, doing bankruptcy work is unusually a forbidding task too difficult for anyone, except for the "highly skilled and educated" lawyer, to do, and if you're a debtor even with any thoughts whatsoever about doing bankruptcy yourself, maybe you had better re-think that again, for, they say, nothing could be more foolish or more "risky" an undertaking for you to attempt! You simply, of course, should just hire an "attorney" to walk you through it like a baby, they say!
NOW THIS QUESTION: However, now comes this latest reminder just released! Now, if (according to the lawyers) bankruptcy work is supposedly so "complex" a task that only a person with presumably the special skills and training of a "lawyer" can undertake it, then how is it that such large number and huge proportion of debtors (some 10, 20 or 30% or more of them, depending on which districts) who are not "attorneys," actually do it on a daily basis? And do it largely just as successfully and as well as the lawyers, themselves?
But, with rising bankruptcy costs in America today, is there ever really any such thing as low-cost bankrupt lawyer? Get Cheap Attorney Fees in Bankruptcy at low cos
"It's very interesting that the pro se rate for the converted/dismissed chapter 13 cases, is the same as the overall rate," noted Professor Lawless about the findings of his survey. Adding that "That would suggest that being pro se in chapter 13 is not meaningfully associated with having one's case dismissed or converted." Consequently, there are more debtors going bankruptcy without lawyer as they seek to save on bankruptcy fees with petition preparer
FACT: Actually, the reason that the TRUTH has ALWAYS been, even long before this Lawless survey, what the survey revealed, is rather simple. According to many experts (lawyers, court trustees, judges, etc) who specialize in bankruptcy law and procedures, actually this latest report is only the latest documentation confirming that which has always been the long standing fact and reality all along, regarding bankruptcy filings. Actually, they say, the truth of the matter is that most personal bankruptcies have always really been, and are, in deed quite routine and simple. So much so, in fact, the experts say, that you really never needed the services of a lawyer to handle ordinary personal bankruptcies since they are generally too simple, they say, and too elementary and largely clerical to undertake.
Many experts who make such a point generally cite two basic reasons upon which they base this claim: First, that an overwhelming majority of personal bankruptcy cases are so-called "no asset" or "minimum asset" cases -- that is, cases in which the owing debtors literally have or own absolutely NOTHING that the creditors can claim or attach, let alone any money for paying the lawyer's hefty fees; and second, the FACT that the bankruptcy process, they say, is really intrinsically a simple clerical matter (contrary to the layman's common belief that it is a complicated procedure), which often actually involves the mere completion of simple routine forms and submitting them to the local bankruptcy court, very much like the completing and filing of one's normal annual income tax returns. Clearly, American debtors would rather they get Cheap Attorney Fees in Bankruptcy at low costs.
IN SUM
In sum, given this now established FACT that at least 1 out of every 9 debtors (and an even much higher number than that in certain parts of the nation) who file for bankruptcy across America today file it WITHOUT using a lawyer, it becomes crystal clear that as a debtor who is probably contemplating filing bankruptcy, you need NOT, as the bankruptcy lawyers are often wont to tell you that you do, always necessarily have to run to or use a person titled a "lawyer" to do it for you. And that to file your bankruptcy, you need NOT necessarily have to pay exorbitant legal fees of the type usually associated with attorney involvement in the trade, either. But that rather, you actually have a real legitimate alternative and option that you may well choose to exercise in doing so - namely, the use of a specialized non-attorney assistance by, say, a competent Debt Relief Agency or Bankruptcy Paper Preparer, to do your own bankruptcy.
These special non-attorney helpers in the trade (at least the better ones among them), are usually well-trained and experienced paralegals specialized in bankruptcy document preparation and procedures, but offer their services to debtors at far lower and more AFFORDABLE cost. And hence, it's not surprising that more and more debtors today use this option and File Bankruptcy Without Using Attorney, as they seek to Get Cheap Attorney Fees in Bankruptcy at low cost
NEED FOLLOW-UP INFORMATION?
Wish to join the growing army of financially hard-pressed bankruptcy seekers across America today who seem to have found lately that they could just as well do their bankruptcy pro se without using a lawyer, and are increasingly availing themselves of competent "non attorney" assistance and services to get their bankruptcy filing done at costs that are low, low, and affordable to them? Get some pointers on how to do so here.
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