Can I file for bankruptcy without a lawyer?
June 22, 2023 | 40,00 EUR | answered by Emma Fischer
Dear bankruptcy lawyer,
I am Erika Sontheimer and I am facing the difficult situation of being in financial trouble and considering whether bankruptcy could be a solution for me. Due to unexpected expenses and loss of income, I am no longer able to manage my debts and feel compelled to take action.
I am wondering if it is possible to file for bankruptcy without the assistance of a lawyer. I am worried that the costs of hiring a lawyer could further worsen my financial situation on top of my debts. At the same time, I am unsure if I can correctly navigate all the legal steps and requirements without professional help.
Can I, as a layperson, file for bankruptcy on my own and carry out all the necessary steps independently? Are there perhaps alternative support options or counseling centers that could assist me in the bankruptcy process?
I hope you can help me in my decision-making process and show me possible options on how to best manage my financial situation.
Thank you in advance for your help.
Sincerely,
Erika Sontheimer
Dear Mrs. Sontheimer,
Thank you for your inquiry regarding the topic of insolvency law. I understand that you are in a difficult financial situation and are looking for solutions. In regards to your question about whether it is possible to file for bankruptcy without the assistance of a lawyer, I would like to provide you with the following information:
In principle, it is possible for an individual to file for bankruptcy without legal representation. This is referred to as consumer insolvency and is regulated in insolvency law. However, it is important to note that the insolvency process is legally complex and involves many formalities and deadlines. Without professional help, there is a risk of making mistakes that could delay or even jeopardize the process.
A lawyer specializing in insolvency law can not only assist you with the filing of the application but also with the preparation of an insolvency plan that must be negotiated with creditors. Additionally, a lawyer can advise and represent you throughout the entire process to ensure that your rights are protected.
Regarding your concerns about costs, I would like to point out that the fees for legal services in the insolvency process are legally regulated and are borne by the creditors within the framework of the process. This means that the costs for a lawyer do not have to be covered by you as the debtor.
If you are still looking for alternative support options, you can contact debt counseling centers or consumer protection agencies. These organizations often provide free advice and support for people in financial difficulties and can assist you with the insolvency process.
In summary, I recommend that you seek the assistance of a lawyer specializing in insolvency law in your situation to receive professional advice and representation. This can help you successfully navigate the insolvency process and manage your financial situation as effectively as possible.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Emma Fischer, Lawyer specializing in insolvency law
