Murphy’s Law in Bankruptcy

Murphy’s Law states that if anything can go wrong, it will. In a bankruptcy adversarial proceeding, this rule seems especially true.

This personal bankruptcy story was posted on the internet in April of 2011, “We were hit today with 10 requests from the trustees’ attorney to provide statements going back 2 years. It goes to FRBP 2004, it cites tons of cases that I don’t understand anything about, wants taxes back 4 years, real estate commissions, pay stubs, reports and business books. Bank statements for 15 months so on and so forth. I’m stunned!”

In bankruptcy, adversarial proceedings are not unusual. They happen for a variety of reasons. The debtor in this personal bankruptcy illustration might think Murphy’s Law is at work, threatening his bid for a bankruptcy discharge, but most likely, given the debtor was self-employed, the trustee is concerned that certain assets could have been overlooked. For debtors who are self-employed this is not unusual.

If you decide to file bankruptcy without legal help (Pro Se) the situation may be more complicated. It is not the trustees or his lawyer’s responsibility to protect you from yourself. You have the right to be represented, and you have the right to go it alone. In adversarial proceedings it is probably not wise to go it alone. Remember what Abraham Lincoln once said, “When you represent yourself, you have a fool for a lawyer.” Filing Pro Se is fine for some people and situations, but it probably isn’t right for most adversarial proceedings.

Bankruptcy laws can be complicated, and many filers need legal help from a bankruptcy lawyer. If you need relief from the stress of debt and you live in or around the metropolitan area of Fort Lauderdale, Florida, contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area who will answer your bankruptcy questions.

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