Before you can file a bankruptcy, you have to provide your attorney will six months of pay stubs. If you are a person who throws their pay stubs away, you must request them from your human resources office. Sometimes it can take a few weeks to get all the needed pay stubs. If you filed an emergency petition, you only have 15 days to get all your paperwork completed and filed with the court, therefore; you don’t have time to wait to for your human resource department to get you your pay stubs in some cases.
After you file bankruptcy, creditors will file a proof of claim, and if you dispute the proof of claim you must provide evidence in the form of financial records to show why their proof of claim is wrong. Also, mortgage creditors and car creditors can file a motion to lift the stay if you fall behind on your payments while in bankruptcy. Again, if you have made payments that have not been credited to your account, it is your responsibility to provide the court with proof that you made the payments.
It is extremely important that while in a bankruptcy, Debtors keep all financial records. The best thing to do would be to get a file or book that you can keep all your records organized. You might think it is a waste of time and a pain to keep those records organized, but you might be thankful if there comes a time you need them.
When you decide that bankruptcy is your last option, you then must make the important decision to hire an attorney or go it alone. If you decide to go it alone, this is called a Pro Se filing. Pro se is a Latin adjective meaning “for self”, that is applied to someone who represents himself (or herself) without a lawyer in a court proceeding.
If this is the option you choose, beware of the consequences of your actions. Many who are in bankruptcy may feel that they do not have the money to hire an attorney to represent them. That is not the case. Many attorneys make it affordable to file a bankruptcy case. In addition, the stress and frustration of representing yourself in a bankruptcy matter or in any field of law without the proper training and practice can lead you down a terrible road and may eventually cause more financial problems than what you originally had before filing a bankruptcy.
It has been said a person who represents him or herself has a fool for a client. This can ring true if one is not careful.
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