Do I Need A Lawyer Or A Licensed Insolvency Trustee?

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    Many people who are struggling financially first search for “Bankruptcy lawyers near me” to find a bankruptcy lawyer in their vicinity.  The reality is that lawyers do not administer bankruptcy processes in Canada. Here are some commonly asked questions about whether you need a lawyer for bankruptcy as well as details on the Licensed Insolvency Trustee service.

    Will Bankruptcy Lawyers Take Payments?

    If you’re looking for a bankruptcy lawyer in any province of Canada, it’s important to understand what services this lawyer provides before you decide to proceed. While cost is a factor, know that you do not need a lawyer for bankruptcy filing in Canada. Instead, the bankruptcy process is handled by a Licensed Insolvency Trustee, who’s fees are paid out of the cost of the bankruptcy.

    Can Bankruptcy Lawyers Do Debt Settlement?

    In the US, individuals who find themselves in financial difficulty may obtain the advice and/or services of an attorney to assist them with negotiating or settling their debt. In Canada, a Licensed Insolvency Trustee will be able to assess your financial situation and provide you with several options to assist you in dealing with your debt. A bankruptcy lawyer in Canada is not needed if you wish to file for bankruptcy.

    What Can I Do if I Can’t Afford a Bankruptcy Lawyer?

    You don’t need a lawyer to file a bankruptcy in Canada. In fact, lawyers cannot assist you with this.  Lawyers can however provide some guidance and advice on your financial situation. That said, only Licensed Insolvency Trustees can file bankruptcies and consumer proposals.

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    Can Bankruptcy Eliminate Lawyer Fees?

    Filing a bankruptcy will eliminate most of your unsecured debt including lawyer fees. Keep in mind that the lawyer will not do any more work for you if they are not getting paid.

    Can Bankruptcy Stop Lawyer Fees?

    As mentioned, bankruptcy eliminates most unsecured debts, and this includes fees that are owed to a lawyer.

    Can You Get a Bankruptcy Lawyer?

    In most cases it is not necessary to retain an Insolvency Lawyer if you are considering filing a bankruptcy or a consumer proposal. If, however, you have significant assets or complex legal matters, you may want to speak to an Insolvency Lawyer. They can provide additional advice and guidance on the best course of action.

    How to Apply for Bankruptcy Without a Lawyer?

    Unlike the United States, you don’t need a lawyer in order to file a bankruptcy. In Canada, you can only file bankruptcy through a Licensed Insolvency Trustee.

    Filing Bankruptcy Without a Lawyer

    You do not require a lawyer to file for bankruptcy in Canada. Bankruptcies and consumer proposals can only be administered by a Licensed Insolvency Trustee. You don’t need to consult a lawyer about bankruptcy proceedings.  

    Can I Fire My Bankruptcy Lawyer?

    Unlike the United States, you don’t need a lawyer to file bankruptcy. In Canada, you can only file bankruptcy through a Licensed Insolvency Trustee. Once appointed, the trustee can only be substituted not fired. This is not a common occurrence. For the Court to substitute the trustee, you would need to show valid reasons for the request. In addition, you would need to find another trustee willing to act and have a lawyer make application to the Court. A Court date would be set where you or your lawyer and the trustee would appear. The Court would hear the arguments presented and make their decision accordingly.  

    If I Don’t Need a Lawyer for Bankruptcy, How Can a Bankruptcy Lawyer Help Me?

    Bankruptcy lawyers can be helpful in complex legal matters pertaining to corporate issues and disputes. A bankruptcy lawyer also may be able to assist an individual when a creditor and/or the trustee opposes the bankrupt’s discharge. Most personal bankruptcies don’t require a lawyer and can be handled strictly by the Licensed Insolvency Trustee.  

    Who is a Bankruptcy Lawyer?

    cost-of-the-bankruptcy-lawyer-in-canada

    A bankruptcy lawyer is a Licensed Legal Practitioner who has specialized in insolvency law. Those searching for “lawyer for bankruptcy near me” or other similar terms may need to look for an insolvency trustee service, as Licensed Insolvency Trustees administer the bankruptcy process in Canada. Licensed Insolvency Trustee fees are paid out of the cost of bankruptcy and most insolvency and trustee service providers offer a free consultation.  

    What Do Bankruptcy Lawyers Do?

    A bankruptcy lawyer mostly works either on corporate insolvency matters and occasionally provides legal advice to Licensed Insolvency Trustees and undischarged bankrupts regarding court actions and discharge hearings. If you are dealing with insolvency and trustee services, in most cases you will only need to work with the insolvency and trustee service. Most individuals in Canada do not need a lawyer for bankruptcy.   Typically, lawyers represent creditors in corporate matters and will advocate their client’s position in either negotiations or court proceedings. When a trustee needs legal advice regarding assets or creditors’ claims, they may request a legal opinion from an insolvency lawyer. Occasionally a bankrupt may need legal advice during a discharge hearing and would seek their guidance. A Toronto bankruptcy lawyer, or a lawyer for bankruptcy in any city or province, can assist in these situations.