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I need to file for bankruptcy, can I do it myself, have a person act on my behalf with power of attorney, or do I need a lawyer?

Question Details:I lost my job two years ago and then retired from the reserves. I have been unemployed since then. I owe credit card debt and have not paid. I don't receive my service retired pay till I'm 60 and I'm too young to file for social security. I'm in trouble deep. Can you give some advice?

Asked 2 years ago under Bankruptcy | 814 Views | More Legal Topics

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J.M.A., Member in Good Standing of the Connecticut Bar | FreeAdvice Contributing Attorney Answered 2 years ago

I am a lawyer in CT and practice in this area of the law.  You may file for bankruptcy on your own; however, I suggest that you seek assistance from a lawyer.  A person that has power of attorney will not be able to represent you in court.  There are pro bono lawyers out there that the court may be able to refer you to that can meet with you and show you how to fill out the bankruptcy petition.  In the meantime, gather all your credit cards and obtain a copy of your credit report so that you can make sure that you are discharging all your debts.

M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

You can file yourself.  I'm going to give you a link to a site that will explain the bankruptcy basics.  You will want to look at the information for a Chapter 7 filing; it will also supply all of the forms that you will need:  http://www.uscourts.gov/bankruptcycourts.html

Also, you can see if you qualify for representation by Legal Aid.  Additionally, if there is a law school nearby see if they have a legal clinic; they typically handle these type cases.  Finally, you can contact you local county bar association and see if they have a list of attorneys that will handle your case "pro bono (for free) or at least take your case on a reduced fee basis considering the circumstances.

As always, to find an attorney specializing in bankruptcy cases, you can refer to: www.AttorneyPages.com

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