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Lesson Learned: What NOT to Do When Filing for Bankruptcy

A very nice gentleman was behind on his mortgage for years and relied on a lawyer friend of his from another state who was not a bankruptcy lawyer.

Since a sheriff sale was scheduled, he filed a pro se Chapter 13 and had no idea about what forms he was filling out or the plan. The case was thereafter dismissed. and the home went to sheriff sale.

If the debtor had a lawyer who was familiar with the process, he could have possibly obtained a loan modification if the petition and plan made sense and complied with local bankruptcy rules and with the law.

After the case was dismissed, the debtor’s home went to sheriff sale. Six months later, the debtor filed a Chapter 13 when there was no longer anything to save. If he had used a competent lawyer after the first case was dismissed to re-file before the sheriff sale, he may have had an opportunity to try to save his home instead of just buying time.

Never File a Pro Se Case

Next to your family and health, your home is probably the most important thing to you. And certainly the most important asset you own.  A bankruptcy is so much more than just filling out forms. This incident teaches people who are having financial problems that one should never file a pro se case. 

You should always get a competent bankruptcy attorney who has a track record of success or you can lose your most prized possession if you try to save money when you do not know what you’re doing.

Thinking About Filing for Bankruptcy?

If you have any questions concerning any type of bankruptcy filing, please contact TAIEBLAW at 856-235-4994 or visit our website TAIEBLAW.COM.

Steven N. Taieb, Esq. has been a South Jersey Bankruptcy Attorney for over 35 years and is board certified in consumer bankruptcy law by The American Board of Certification which is accredited by The American Bar Association. 

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