The Role of a Bankruptcy Attorney in Simplifying the Filing Process

Filing for bankruptcy can feel overwhelming, but you don’t have to navigate it alone. For individuals and businesses in financial distress, understanding the bankruptcy process can help you regain control of your finances. However, this process is more than just paperwork—it involves strategic decisions that can shape your financial future.

What role does a North Carolina bankruptcy attorney play in this complex journey? At Biggs Law Firm, we simplify the process, protect your rights, and help you make informed choices as you navigate your bankruptcy.

Understanding the Bankruptcy Filing Process

The Complexity of Bankruptcy Filings

Bankruptcy isn’t a one-size-fits-all solution. Whether you’re considering Chapter 7, Chapter 11,  Chapter 12, or Chapter 13 bankruptcy, each option comes with unique rules, timelines, and eligibility requirements. Missing a step or misunderstanding the process could lead to delays or even a dismissal of your case.

For example, did you know that in a Chapter 7 case, non-exempt assets might be sold to pay creditors, while Chapter 13 allows you to keep your assets and set up a repayment plan? A bankruptcy attorney ensures that you choose the option best suited to your needs.

Key Steps in the Filing Process

1. Credit Counseling and Documentation
   Before filing, you must complete a credit counseling course and gather the financial documents your attorney will need to file your case.  These include income records, tax returns, and a list of assets and debts. An attorney can guide you in compiling all of the  documents you will need.
2. Drafting and Filing the Petition
   The bankruptcy petition is the core document that initiates your case. Any error in this filing can result in delays or serious legal complications. Attorneys ensure that your petition is comprehensive and compliant with bankruptcy laws.
3. Automatic Stay and Protection from Creditors
   Once your case is filed, an automatic stay goes into effect, stopping creditor harassment, wage garnishments, and foreclosure proceedings. An attorney helps enforce these protections and addresses any violations promptly.

How a Bankruptcy Attorney Simplifies the Process

Personalized Advice for Your Financial Situation

Your financial challenges are unique, and so is the path to resolving them. A bankruptcy attorney analyzes your situation to determine the most effective strategy for you, whether it’s restructuring your debt through Chapter 11, 12, or 13, or filing a “straight bankruptcy” under Chapter 7.

Legal Representation and Advocacy

Bankruptcy involves court appearances, creditor meetings, and negotiations. With an attorney by your side, you’ll have someone to advocate for your interests, ensuring you’re treated fairly throughout the process.

Avoiding Costly Mistakes

One small misstep in the bankruptcy process can have significant consequences. An experienced bankruptcy attorney can help ensure- all deadlines are met, all paperwork is accurate, and all exemptions are maximized to protect your assets.

Do You Need a Bankruptcy Attorney?

While it’s possible to file for bankruptcy without legal representation, the risks often outweigh the savings. Statistics show that individuals who work with an attorney are far more likely to have their debts successfully discharged. Why? Because attorneys understand the nuances of bankruptcy law and how to navigate potential pitfalls.

Let Us Help You Take the First Step

At Biggs Law Firm, PLLC, we’re here to help you regain control of your financial future. With offices in Raleigh and New Bern, we focus on consumer, business, and agricultural bankruptcy cases. If you’re ready to explore your options, schedule a consultation today.

Your path to financial freedom starts with the right guidance. Let us simplify the bankruptcy filing process for you.