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Resources on Foreclosure, Credit & Debt, and Bankruptcy

How to File for Chapter 7 Bankruptcy

Chapter 13 Bankruptcy

The New Bankruptcy: Will It Work for You?

Selling Your House in a Tough Market

Foreclosure: Articles and FAQs

Guide to Avoiding Foreclosure (HUD)

Avoiding Foreclosure: State Resources (HUD)

Foreclosure Survival Guide

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Foreclosure Survival Guide (1st Edition)

Will You Need a Lawyer?

It’s hard to handle your own Chapter 13 bankruptcy; you most likely will need an attorney to represent you, especially if you are trying to save your house rather than just to postpone the foreclosure sale. This is because an involuntary dismissal (a greater possibility if you are representing yourself) would greatly set back your plans to keep your house. But if you’re not really counting on keeping the house, a dismissal won’t surprise or dismay you as much. Nonetheless, you do have the right to represent yourself, and you may have to if you flat out can’t afford to pay the stiff attorneys fees. (See Ch. 10 for information on finding, choosing, and working with a lawyer, and other helpful resources.)

Why You Need a Lawyer in a Chapter 13 Case

  • Chapter 13 bankruptcy often requires a lot of negotiating with creditors and the bankruptcy trustee to reach agreement on an acceptable repayment plan.
  • Chapter 13 bankruptcy requires at least one appearance in court before the bankruptcy judge (the confirmation hearing) and often several more.
  • Chapter 13 cases can have many variables, such as valuation of property, reducing liens to the value of the collateral, creating a plan that doesn’t discriminate among debtors, and often, requests for plan modifications or hardship discharges.
  • An experienced lawyer can help you understand the specifics of your case, including the types of debts you have and the amount or percentage you must repay.