|
Debtors filing Chapter 7 may retain any licensed attorney to
represent them before the court, or represent themselves, pro se, using
one of many Nebraska bankruptcy kits available commercially. Do it
yourself bankruptcy kits were once popular before the effective date of
new bankruptcy reform laws. Today, because of the onerous presumptions
against debtors, including a presumption of bad faith when filing
Chapter 7 and claiming the Nebraska bankruptcy exemptions, few debtors
choose to represent themselves because of the very real potential of
losing homes and retirement accounts due to a technical oversight.
Nebraska bankruptcy lawyers and law firms usually provide a modest
amount of free legal advise to any prospective client. If you retain an
attorney (sign a power of attorney), the amount of attorney fess paid or
to be paid become an issue before the court. Nebraska bankruptcy
attorney fees must be fully disclosed in the State of Financial Affairs,
including both the fees paid to an attorney representing the debtor in
the case at bar, and other attorneys who may have advised the debtor
regarding bankruptcy issues during the 365 days before filing the
Original Petition. The purpose of these disclosures is to detect
debtors who may have hidden assets with the assistance of legal counsel.
See also: Nebraska Homestead Exemption.
|
