Beware of Filing Bankruptcy Pro Se

July 10, 2014 Posted by kingcade

The Internet has given average consumers the ability to Google everything from how to change a flat tire to how to replace a kitchen sink. However, there are certain tasks that should be left to the professionals. Filing for bankruptcy is one of them.

Bankruptcy laws significantly changed in 2005, making it more difficult to file. There are also crucial steps in the bankruptcy process, including appearing before a bankruptcy trustee and a meeting of creditors. These two steps can be intimidating for individuals not familiar with the process. Not to mention the complex legal forms involved with filing bankruptcy. A single mistake or oversight on one of these forms can cause you to lose your property and assets or your case to be dismissed.

Consulting with an experienced bankruptcy attorney will help you fully understand your legal options and avoid these pitfalls. The court in the 1973 case of The Florida Bar v. American Legal & Business Forms, Inc. ruled that non-attorneys selling package forms or “kits” for performing legal services as the unauthorized practice of law if any instructions or advice on their preparation is included.

The recent case, In re Falck reveals how some predatory individuals have taken advantage of consumers who are struggling to manage their debt and stay in their homes. The defendants solicited debtors through the mail pitching their mortgage foreclosure defense scheme. They charged debtors monthly payments, along with illegal and excessive fees, and then later claimed the debtor never paid. These individuals were not licensed attorneys in Florida or in any other state and did not file the proper disclosures. The court noted there were hundreds of debtors victimized by this mortgage foreclosure protection scheme.

If you are in a financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at

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