There are plenty of legal matters that an individual can handle on their own, but bankruptcy is not one of them. Without an attorney, navigating bankruptcy can be dangerous and may even leave an individual in the same predicament they were in before they filled. However, while an attorney is important, some people are surprised to discover that there are some instances where a bankruptcy attorney will not work with a client. To ensure you are fully prepared for the process so that you do not find yourself in this type of situation, learn about some of the reasons why an attorney might say no.
When it comes to bankruptcy, while an attorney can help, they do not get to make the decision as to who can file and who cannot. This decision is left up to the courts and involves several measuring matrixes, including a means test. To gauge your likelihood of being approved, an attorney will review your information and apply a similar measuring matrix as the courts.
If the feedback from this review determines that you will not qualify, based on the courts' standards, an attorney may not take your case given the reduced likelihood of success.
Misrepresentation of Information
An attorney does more than represent a client; they also attach their name to the client's case and essentially vouch that what they are representing is true and accurate. For this reason, when the information a client is submitting to the court turns out to be inaccurate or outright false, an attorney is within their legal right to withdraw from the case.
Sometimes, submitting this inaccurate information is not intentional, so every person is encouraged to review their information before submitting their paperwork to find any inconsistencies.
Sometimes, an attorney may decide not to move forward with a client's bankruptcy if the process is not the best option for their situation. For example, consider someone who is facing a financial challenge, but has more assets than they do debts.
In this case, a better solution may be to establish a repayment program outside of bankruptcy, which some attorneys can assist with. Attorneys have their client's best interests in mind, so they are always there to help.
If you plan to file bankruptcy, the best thing to do is to speak with an attorney beforehand. An attorney will review the specifics of your case and provide you with information on how to move forward. Contact a local bankruptcy attorney to learn more.