How to choose a bankruptcy attorney
You can expect a bankruptcy attorney will:
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However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.
Changing Your Mind after Bankruptcy You do have the right to change your mind after filing bankruptcy, but this can be a lengthy and sometimes complicated process. If you filed a Chapter 7 bankruptcy, the court is more likely to dismiss your case as long as doing so wouldn't harm your creditors.
Anyone who likes police or legal fiction will probably have noticed that the U.K. uses the term solicitor where the U.S. uses the term attorney.
A Chapter 7 bankruptcy case isn't like other court cases. If you file for Chapter 7 bankruptcy, you must be prepared to complete it because, unlike Chapter 13 bankruptcy, you don't have the right to back out. Generally, you can only dismiss your Chapter 7 bankruptcy if you have a good reason (good cause).
With Chapter 7, those types of debts are wiped out with your filing's court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.
You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
Essentially a lawyer and a solicitor mean the same thing. Lawyer is a term used to describe anyone who is licensed and can give legal advice to a business, organisation or an individual.
Choosing a bankruptcy lawyer is essentially a two-step process: Begin by finding and vetting likely candidates. Complete the mission by interviewing the handful that meet your criteria, then retain the one that feels the most compatible.
It helps if the attorney has empathy for the client’s situation. Maybe they’re enduring a divorce, he says. Or their kid is sick or the car broke down or they lost their job. The go-to bankruptcy attorney knows overwhelming financial strife often creates more problems and increases misfortune.
Bankruptcy judges have a term for such situations, says Tampa-based Bankruptcy Judge Catherine Peek McEwen. “We call it ‘a mess.’. ”.
Step 1: Remember that you are the client. You are hiring the bankruptcy attorney. They work for you and represent you in this legal process. Stop thinking you hope the attorney will accept you as their client. Remember, you have the power to make the best decision about who you want to represent you.
Filing bankruptcy can be tricky, but the hardest part is often finding the best bankruptcy lawyer for the job. Free Debt Analysis. Contact us at (800)-810-0989. You’ve run into a financial jam. You’re looking at all your debt relief options and trying to decide how to tackle your problem.
If you’re going to wait to file bankruptcy, ask the attorney if you can pay them each month to represent you until then. If collectors drive you crazy, you can then direct them to the attorney representing you instead of dealing with them yourself.
Start being proactive and hunting for a solution. Consider bankruptcy and see if it is right for you. Stop being run over by the debt bus and start driving it. Remember, you are hiring the attorney. You are the client. You should be treated with professionalism, kindness, and respect.
When you’re suffering in the middle of a financial situation, your emotions will run wild and you may struggle with your mental health. Panic can often be moments away. Fear and concern influence the decisions you make.
But making mistakes filing your bankruptcy can have consequences. In the hands of a competent bankruptcy attorney, filing is an art and not a paperwork process. For example, maybe you think you earn too much money to file Chapter 7 bankruptcy instead of Chapter 13 bankruptcy.
There is nothing you can say to the attorney that they have not heard before. Think about bankruptcy like this: You can hire a painter to paint your house. They might just slap the paint on the house. Or, you can hire an artist to paint your house and wind up with a beautiful work of art that represents you better.
These firms have large staffs, which means they sometimes have longer hours and more resources available to help at a moment’s notice. They’ll take your case and work hard to get you in and out quickly.
You may decide to choose a bankruptcy lawyer at a firm that handles more than just bankruptcy cases. This would be a good idea if you have more legal problems to be solved than just financial ones. These firms bring breadth, but not always a depth of experience in just bankruptcy.
We don’t need to hide the fact that we think this is your best option when you choose a bankruptcy lawyer. We’re a smaller firm that specializes only in bankruptcy and other financial problems. That means we know bankruptcy in and out. It means that we’re your friends and neighbors and you can expect to be treated that way at each step.
There is no “right” amount a bankruptcy attorney should charge, although generally a Chapter 13 filing will cost more than a Chapter 7. Fees vary from case to case and from one state to another. You can expect to pay between $500 and $3,500 for a Chapter 7 and between $1,500 and $6,000 for a Chapter 13, LaBert says.
Some attorneys offer free meetings, and others will charge a fee of around $35 for this initial conference. Don’t assume no charge means lesser qualifications; starting with free meetings can help you get comfortable interviewing lawyers and may lead you to the one you choose.
An affiliation with NACBA is also a sign that an attorney is committed to advocating for people going through bankruptcy.
Bankruptcy may make sense if you are unable to repay debts as you cover obligations such as retirement, food and shelter. Free Credit Score. by NerdWallet. A better score can help unlock the things you want — like a great travel credit card, better interest rates, lower insurance premiums and more.
However, NACBA’s membership criteria are fairly generous, so membership does not necessarily equal quality or experience.
Bankruptcy lawyers specialize in bankruptcy cases. When seeking legal representation in bankruptcy, you'll want to look for an experienced bankruptcy lawyer, not a general practitioner. Not only does bankruptcy require understanding how many principles interrelate, making a mistake can be costly. Most lawyers won't accept a bankruptcy matter ...
Many law schools sponsor legal clinics and provide free legal advice to consumers. Some legal clinics have the same income requirements as Legal Aid; others offer free services to low- and moderate-income people.
Most county bar associations will give you the names of bankruptcy attorneys who practice in your area. Keep in mind that bar associations don't screen the lawyers. It's up to you to check out the credentials and experience of the person to whom the bar association refers you.
Bankruptcy is an official legal process. It is complex and detailed and involves many deadlines and procedures. While a bankruptcy attorney may not be required for an individual to file bankruptcy, legal representation is strongly recommended. There are many court forms to complete and documents to file.
To find the best bankruptcy lawyer for you, be prepared to spend a little time coming up with a list of potential attorneys and then meeting with them personally before making a decision. Here are some steps to follow:
Although meeting with each attorney on your list and asking questions is important, it is also advisable to do some additional research. Here are some important aspects to investigate:
If you are struggling with debt and have decided to file for bankruptcy, choosing a bankruptcy lawyer is one of the most important decisions you will make. At Bankruptcy Law Group, PC, debt relief law is all we do. If you are searching for a bankruptcy attorney you can count on, our firm is prepared to meet your needs.
In these harsh economic times, many law firms have decided to handle bankruptcies in addition to their other areas of law. Bankruptcy is a complex area of law, rife with pitfalls that the untrained eye may not see or understand. While some people choose to place this critical legal matter in inexperienced hands, we believe this is a mistake.
If you need help filing for bankruptcy, we are here for you. Contact us online today or call us now to schedule a free debt relief consultation with one of our experienced California bankruptcy attorneys. We hold regular office hours and are available evenings and weekends by appointment.