Can I File Bankruptcy Right Away?
As a Board Certified Consumer Bankruptcy Attorney, I see people considering filing for bankruptcy each and every day from Sarasota, Port Charlotte, Fort Myers, Cape Coral, Lehigh Acres and Naples. One of the most common asked questions about bankruptcy is: Can I File Bankruptcy Right Away? The answer is yes and no. Yes, because you can. No, because you cannot just file bankruptcy without a detailed analysis of your complete financial situation.
The decision to file for bankruptcy protection, whether it be a Chapter 7 or Chapter 13 is not an easy decision anymore and should not be taken by the consumer very lightly. A great deal of thought and work goes into each and every petition that is filed with the United States Bankruptcy Court.
Also, please do not assume that anything is relevant to your situation, unless you have received the appropriate time, attention and legal advice from your attorney. Of course, there is a lot of "street talk" all over the internet about the ins and outs of bankruptcy. Unfortunately, there are many inaccuracies on the internet. This less than truthful information can hurt you, and it may cost you quite a bit of money.
Since the internet is not a confidential place, I strongly suggest that you consult with a Board Certified Consumer Bankruptcy Attorney personally to determine whether the issues that apply to your specific case are problems or not before you make any final decisions regarding filing for bankruptcy.
The reason many people want to file right away is because of the opportunity to take advantage of the Automatic Stay. One of my colleagues at the Bankruptcy Law Network, Cathy Moran, explains what the automatic stay is better than anyone. Yes, a reprieve from your creditors can be a powerful tool, and it can provide you with some time to catch a breath and gather your thoughts. However, if used improperly, it could also work against you.
If you are in the Fort Myers, Naples, Cape Coral, Port Charlotte or Sarasota area, feel free to give my office a call and speak to my secretary or paralegal to make an appointment.
This post was submitted by Carmen Dellutri, Esq., founder of The Dellutri Law Group, P.A. Currently, the firm has offices in Port Charlotte, Fort Myers, Naples and Sarasota. Mr. Dellutri also sits on the Board of American Board of Certification. Mr. Dellutri is also one of the founders of the Bankruptcy Law Network, Debt Law Network, Credit Law Network, and Mortgage Law Network. Mr. Dellutri also writes for the firm's personal injury litigation blog and the firm's mortgage modification blog.
