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What is the role of an attorney in a chapter 7 consumer bankruptcy case?

June 28, 2022

By Diane Drain Attorney & Retired Law Professor

Many people ask me if they “can file for bankruptcy on their own.”

“Yes, anyone has the legal right to perform their own open heart surgery, so why not their own bankruptcy?” I always respond. (Thank you for the quote, Judge Baum.)

Before the regulations changed in 2005, I believed that only a fool would file their own bankruptcy, no matter how “easy” it was.

In reality, many lawyers stopped practicing bankruptcy law when the law was changed because it had gotten so complicated. Never take advice from someone who filed their own bankruptcy. They had a “fool for a client” and almost certainly committed at least one federal felony, yet they escaped detection. The current laws are being strictly enforced, and the Attorney General’s Office is pursuing bankruptcy fraud relentlessly.

You will wind up paying their advertising costs if you use those who advertise on TV.

Also, “legal document preparers” should be avoided. These are people who desire to be lawyers but have chosen not to attend law school. Instead, they act as though they know the law, or worse, they are disbarred attorneys or other parasites who prey on the vulnerable.

Always double-check your lawyer’s credentials with their state bar.

Inquire about the lawyer’s recommendations. The majority of people get decent lawyers by asking their friends or relatives for recommendations.  Check out online reviews as well, but be wary of unscrupulous lawyers who pay for bogus ratings.


Hiring a cheap lawyer can be very expensive.

By |Published On: June 28th, 2022|Last Updated: July 28th, 2022|

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About the Author: Diane Drain

Diane L. Drain - Bankruptcy LawyerDiane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*

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5 / 5

“You folks are the BEST OF THE BEST in Arizona.” M.H.

You and Jay are the best attorneys I have ever had or needed and thank God for the Honorable Robert Gottsfield in recommending you folks – I would have never made it through the entire process without you and Jay and God Bless you both always and stay in touch as well. You folks are the BEST OF THE BEST in Arizona.

5 / 5

“My only regret is that I didn’t find Diane sooner.” K.H.

I can’t say enough good things about Diane. The way she handled my not typical circumstances was amazing. I was very nervous to start the bankruptcy process but Diane just has a very comforting way of explaining the whole process. My only regret is that I didn’t find Diane sooner. If you find yourself in a financial situation that you can’t correct on your own, please Call Diane Drain as soon as possible.

5 / 5

“Filing for bankruptcy can be a stressful life event” R.A.

Filing for bankruptcy can be a stressful life event, and selecting the right attorney can add to this stress. Diane and Jay were a pleasure to work with, and it is obvious that they are passionate about helping people get their life back on track. I would highly recommend them if you need a bankruptcy attorney.

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