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Eden R. Sarver

Eden R. Sarver, Attorney at Law

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Why should I use an Attorney to File Bankruptcy?

When you are under financial stress due to the inability to pay your bills, it may seem overwhelming to have to pay an attorney.  However, an attorney may cost less than what you think with an outcome that can put you back on your feet. 

Many people consider filing bankruptcy on their own to avoid the cost of an attorney.  Anyone can file a petition without an attorney so long as it is for themselves and not another person, but is this a wise decision?

Here are just a few reasons why you want to use an attorney when filing for bankruptcy.

Which chapter should you file under?

There are multiple types of bankruptcies that can be filed depending on your situation. Chapter 7 and Chapter 13 are the most commonly filed bankruptcies for individuals.  Each bankruptcy filing varies and there are rules and requirements that must be followed when filing for bankruptcy under the United States Bankruptcy Code. Without knowing and understanding these when filing for bankruptcy you may file a chapter you are not eligible for or find out that you failed to file required documents leading to your case being dismissed.  Hiring an attorney can ensure that you choose the right chapter for you.

Circumstances that can affect your case.

No person or financial situation is the same.  I do not have a single case that has the exact same financial position, income, debts, or expenses as another case.  There are many factors that go into filing for bankruptcy. Using a bankruptcy attorney help you review your situation and help you understand the pro’s and cons of each chapter that may be available to you.

Cases can become complicated if you have transferred assets out of your name, repaid debts to creditors, paid or given money to family members or friends, have assets that are not protected, your income is over the median income in the state in which you file,  have filed a prior bankruptcy in the last eight (8) years or have pending lawsuits and garnishments pending. 

Hiring an attorney can help you navigate the paperwork, direct you to the right type of case to file, ensure that all the paperwork is complete and filed properly in order for you to obtain a discharge in your case. 

Is Bankruptcy Right for You?

There are two primary types of consumer bankruptcies, Chapter 7 and Chapter 13.  A Chapter 7 Bankruptcy helps eliminate most debt for individuals and business owners. Chapter 13 Bankruptcy can help you get current on your house, modify your vehicle loan, and significantly reduce payments to unsecured creditors like medical bills and credit card debt.  However, a Chapter 7 and a Chapter 13 may not eliminate all your debt.   

Below are some things that Bankruptcy CAN and CANNOT Do.

WHAT CAN IT DO

WHAT IT CANNOT DO

There are certain exceptions to a Debt being discharged.  An example of these include the following:

WILL BANKRUPTCY HURT MY CREDIT?

A Bankruptcy will be on your credit report for 7 to 10 years depending on what type of case you file.   Bankruptcy will affect your credit.  Typically, your credit score will drop when you file for Bankruptcy, however this does not mean you will not be able to purchase a car, get a credit card or even buy a house during this time.

Nothing contained in this section or on this site is considered to be legal advice. Contact Eden Sarver today at 614-264-0175 to discuss your options based on your individual situation.


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