Filing for bankruptcy can be one of the most effective ways to regain control of your finances. When done correctly, it can stop collection actions, protect important assets, and eliminate overwhelming debt.
When done incorrectly, however, bankruptcy can create new problems that are harder and more expensive to fix.
Many people consider filing for bankruptcy on their own in an effort to save money.
What they don’t realize is that bankruptcy is a federal legal proceeding governed by strict rules, deadlines, and disclosure requirements. At Parker & DuFresne, we regularly help Jacksonville clients who attempted a DIY bankruptcy and discovered that even small mistakes can have serious consequences.
Here are the most common issues we see—and how working with an experienced bankruptcy attorney makes the difference.
One of the biggest risks in a self-filed bankruptcy is failing to list every debt. People often assume that old accounts, medical bills, or debts that are no longer appearing on their credit report do not need to be included. Unfortunately, that assumption can be costly.
If a creditor is not properly listed, that debt may survive the bankruptcy. This means collection efforts could resume after the case closes, defeating one of the primary reasons for filing in the first place.
A bankruptcy attorney takes a comprehensive approach, reviewing credit reports, financial records, and prior collection activity to ensure that every debt is properly disclosed. Accuracy here is essential to obtaining a complete and enforceable discharge.
Bankruptcy law requires full disclosure of everything you own, along with accurate valuations. DIY filers frequently guess at values or rely on online estimates without understanding how trustees evaluate property.
When values appear inconsistent or unrealistic, trustees may ask additional questions, request documentation, or even investigate whether assets should be sold for the benefit of creditors. In some cases, property that could have been protected is put at risk simply because it was listed incorrectly.
A bankruptcy attorney understands how assets are valued under bankruptcy rules and how to present those values properly. This reduces unnecessary scrutiny and helps protect property that the law allows you to keep.
Exemptions are one of the most powerful tools in bankruptcy, especially under Florida law. They determine which assets are protected and which are exposed to creditors. Unfortunately, exemption planning is also one of the most misunderstood areas for people filing on their own.
We often see self-filed cases where exemptions are applied incorrectly, incompletely, or not at all. In some situations, people lose property they could have protected simply because they did not know which exemption applied or how to claim it.
An experienced bankruptcy attorney uses exemptions strategically, tailoring them to the client’s assets, goals, and filing chapter. This planning is a key reason why hiring an attorney often results in a better outcome.
The bankruptcy means test is designed to determine whether a filer qualifies for Chapter 7 or must file Chapter 13. While the concept sounds straightforward, the calculations are anything but simple.
DIY filers frequently miscalculate income, misunderstand household size rules, or improperly list expenses. Even honest mistakes can cause a case to be dismissed or forced into a repayment plan that was never necessary.
A bankruptcy attorney ensures the means test is completed accurately and advises on the most appropriate chapter based on both legal requirements and long-term financial impact.
The meeting of creditors, also known as the 341 meeting, is often more intimidating than people expect. Trustees ask questions under oath, review financial disclosures, and look for inconsistencies.
When someone files without an attorney, they often arrive unprepared for the types of questions that may be asked. Unclear or incomplete answers can raise concerns that lead to additional document requests, objections, or continued hearings.
With legal representation, clients are prepared in advance, know what to expect, and have an attorney present to address issues as they arise. This guidance often prevents small concerns from turning into major obstacles.
One of the most common outcomes of DIY bankruptcies is dismissal due to missed deadlines, incomplete filings, or procedural errors. When a case is dismissed, the automatic stay ends, creditors resume collection, and filing fees are lost.
In many situations, the person must start over—and pay again.
A bankruptcy attorney manages deadlines, court requirements, and communication with the trustee to keep the case on track and move it efficiently toward discharge.
Bankruptcy law offers powerful relief, but it assumes compliance with complex legal rules. When you file on your own, the court holds you to the same standard as a licensed attorney.
At Parker & DuFresne, we help Jacksonville residents avoid costly mistakes, protect their assets, and use bankruptcy as it was intended: as a structured path to a fresh financial start. Hiring a bankruptcy attorney is not just about completing paperwork—it is about protecting your future.
Can mistakes in a DIY bankruptcy be fixed?
Some mistakes can be corrected through amendments, but others may cause permanent consequences such as dismissal or loss of property. A bankruptcy attorney can review the case and determine the best path forward.
Is filing bankruptcy without an attorney cheaper?
While self-filing may appear cheaper initially, errors often lead to additional filing fees, dismissed cases, or lost assets, making it more expensive overall.
Will the trustee or judge help me if I file on my own?
No. Trustees and judges cannot provide legal advice. You are expected to understand and follow bankruptcy law on your own.
What happens if my bankruptcy case is dismissed?
If your case is dismissed, creditors can immediately resume collection actions, including lawsuits, garnishments, and foreclosure proceedings.
When should I talk to a bankruptcy attorney?
The best time is before filing. Early guidance allows for proper planning, timing, and strategy that can significantly improve the outcome.
The hardest part of bankruptcy is often making the first call. But if you’re already behind on payments, facing collection lawsuits, or seeing your wages garnished, the sooner you act, the more options you’ll have.
At Parker & DuFresne, P.A., we’ve helped thousands of Floridians protect their homes, cars, and income through timely and well-planned bankruptcy filings. Don’t let hesitation cost you your financial future.
Contact our Jacksonville bankruptcy attorneys today to schedule a consultation. Together, we’ll build a strategy that stops the damage and helps you start fresh — on your terms, and at the right time.
This is not a journey to take lightly, but it is also not one to take alone. If you need to file for bankruptcy, reach out to us today to start your journey with us.
If you want to learn more about the options you have and the steps to take, contact us today for a consultation.
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