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5 Easy Mistakes That Can Be Made When Filing Bankruptcy Yourself

June 11, 2021

Many people assume that because they under financial strain that hiring a Florida bankruptcy lawyer is an unnecessary expense. However, believing that you can save money by filing for bankruptcy on your own can be dangerous. Here are five mistakes that are easy to make but can get you in trouble if you try to self-file.

1. Filing The Wrong Chapter Of Bankruptcy

When filing for bankruptcy in Florida on your own, there is a possibility that you will file for the wrong type of bankruptcy. You could file for a Chapter 13 when you’re actually eligible for a Chapter 7, or vice versa. If you’re a business, you could potentially file for a personal bankruptcy when you need to file for a business one. Consulting with a Miami bankruptcy lawyer can help ensure you are on the right track as to which type of bankruptcy you need to file.

2. Filing Bankruptcy When You Don’t Really Need To

There’s a chance that even though you’re over your head in debt, you don’t really need to file for bankruptcy. Perhaps financial management courses and credit counseling will be helpful, and you may be able to simply negotiate with your debtors for a more reasonable repayment plan. Filing bankruptcy when you don’t really need to can damage your credit and set you back several years.

3. Claiming The Wrong Property Exemptions

Claiming property exemptions incorrectly can cause more of your assets to be liquidated in a Florida Chapter 7 bankruptcy than is really necessary. Having the assistance of an attorney to help you claim the correct property exemptions can ensure you keep as much of your property and assets as possible.

4. Failing To File The Correct Bankruptcy Documents

There are many different bankruptcy documents that need to be filed in the state of Florida, and it’s easy to become confused about what forms you should be filling out and what isn’t necessary for your particular case. Omitting important forms can cause your bankruptcy claim to be denied.

5. Failing To File Course Certificates

In order to file Chapter 7 or Chapter 13 bankruptcy, you will be required to undergo credit counseling, and in order to obtain a discharge of debt, you must complete a financial management course. Your certificate for the completion of these courses must be filed with the bankruptcy court and failure to do so could lead to the denial of your claim. A bankruptcy attorney in Miami can not only help connect you with these courses, but will also ensure that the certificates are properly filed with your claim.

Avoiding mistakes that could damage your credit or cause your claim to be denied is as simple as consulting with a Florida bankruptcy lawyer. At the Law Firm of Joel M. Aresty, P.A., we can help make filing for bankruptcy easy and ensure that your claim is error free and submitted properly. Contact us today at 1-855-DOC-LAWS for a consultation to discuss your case.