How to search for a cheap reputable lawyer:
Full Answer
What Should You Ask a Bankruptcy Lawyer?
Chapter 7 bankruptcyChapter 7 bankruptcy is a legal debt relief tool. If you've fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt.
So Who Actually Pays for Bankruptcies? The person who files for bankruptcy is typically the one that pays the court filing fee, which partially funds the court system and related aspects of bankruptcy cases. Individuals who earn less than 150% of the federal poverty guidelines can ask to have the fee waived.
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.
Monthly Payments If the family income is greater than the amount on the Standards, the bankrupt is required to pay 50% of the EXCESS. For example, if you earned $400 more each month than the Standards indicate is necessary, you would be required to pay 50% or that, or $200 per month.
After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.
Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.
Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.
Chapter 7 and Chapter 13 bankruptcy both affect your credit score the same â having a Chapter 13 bankruptcy on your credit report will not be any better for your score than a Chapter 7. However, the individual reviewing your report will look at more than your score.
When you interview a bankruptcy lawyer, you want to be confident about their competency and comfortable that they care about solving your problem. Here are some questions that should help you arrive at both.
It helps if the attorney has empathy for the clientâs situation. Maybe theyâre 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.
Investigate whether your candidate attorneys are certified, which, according to the American Board of Certification (abcworld.org), âmeans that the certified attorney has met rigorous, objective standards and has demonstrated knowledge in bankruptcy and/or creditorsâ rights law.â
Reed Allmand, a certified bankruptcy attorney based in Dallas, stresses that the selection of an attorney be guided by the âthree Esâ: Empathy, Experience, and Expense.
Ask neighbors. Ask friends and relatives. (Yes, you have to swallow your pride.) Perhaps there are lawyers on your homeownerâs association board. There surely are lawyers on the board of your church. Ask all of them for recommendations.
Bankruptcy judges have a term for such situations, says Tampa-based Bankruptcy Judge Catherine Peek McEwen. âWe call it âa mess.â â
Allmand recommends against choosing âdabblersâ who often are more interested in quick, out-the-door closings than the nuances of a clientâs predicament.
When hiring an attorney to help you file your Chapter 7 or Chapter 13 bankruptcy case, look for expertise, a fair price and a communication style youâre comfortable with.
If in your first meeting you arenât able to work one on one with the attorney to air your concerns and talk through your case, you might want to go elsewhere.
There is no ârightâ 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.
An affiliation with NACBA is also a sign that an attorney is committed to advocating for people going through bankruptcy.
A misfiled form or missed deadline could result in your case being thrown out. Thatâs why finding a specialist is important.
And know that a good bankruptcy lawyer will also discuss alternatives to bankruptcy, such as credit counseling, with clients.
The ABA site lists lawyers and firms that meets its standards for lawyer referral, and you can sift through the results for attorneys that specialize in bankruptcy. You can also check your stateâs bar association for local resources.
A lawyer can help you assess your financial situation to determine whether other debt relief alternatives might be in your best interest. And if bankruptcy is your best route, a lawyer can tell you whether you qualify for Chapter 7 or Chapter 13.
Benefits of working with a bankruptcy lawyer. If youâre struggling financially, bankruptcy may seem like the most direct way to solve the problem. A good bankruptcy lawyer can help determine if another option would actually be better for your situation.
How many bankruptcy cases do you file each year? Morgan suggests working with a lawyer whoâs filing two to five cases every month, or roughly 50 per year.
When you file Chapter 7 bankruptcy, certain assets are exempt from the proceedings, which means you get to keep them. Your lawyer should understand which exemptions you qualify for and help you not lose assets unnecessarily. Help complete paperwork thatâs required to file your bankruptcy petition.
Legal aid: Legal aid offices provide free legal advice to low-income individuals. If you qualify, they may choose to represent you for free. National Association of Consumer Bankruptcy Attorneys: The NACBA is a professional trade association for bankruptcy attorneys who represent individuals.
The bankruptcy process involves disclosing a lot of personal financial information, and youâll want to make sure youâre working with someone you feel comfortable with. That may mean you need to speak with a few candidates before you find the one whoâs right for you. In this article, weâll explore how to find and vet people for the job.
Because thereâs so much at stake, itâs essential that your lawyer works with you from the beginning and knows the ins and outs of your financial situation. If you wonât be meeting with your attorney until the meeting of creditors, you may want to find someone else to work with.
When you hire an attorney, you deserve the services of an attorney. That's why when you work with my office, you always work with me. Not a secretary... Read More
5.0 (1) The law is the most valuable when it prevents people, familes, businesses and communities are protected from wrongful actions and from suffering inju... Read More. stices. In instances where injustice has already occured, then the law must ensure that those injured are fairly compensated.
You will likely lose property and the negative mark on your credit report will remain for 10 years. But, the amount will be discharged and thereâs no repayment required. If you get into debt again, you wonât be able to file for bankruptcy again under this chapter for 8 years.
A: Bankruptcy falls off your credit report depending on the chapter you filed. Chapter 7 bankruptcy is deleted after 7-10 years while Chapter 13 bankruptcy is deleted within 7 years since you will be required to make at least a partial payment.
It is possible to tackle legal matters on your own but having an attorney is the safest route if you want to succeed.
Youâll need to conduct a little bit of research to find the best bankruptcy lawyer for your situation. Start by pulling up a list of attorneys near you. Identify a few lawyers who have high ratings, mostly positive customer reviews and the required credentials in your state.
Hourly rates for bankruptcy attorneys range from $200-$300. In total, customers spend an average of $999-$1,183 for their services. But because lawyers have different fee structures, you should always ask for an estimate from several bankruptcy attorneys in your area before hiring one.
Lawyers typically charge for their time (typically a hourly rate) regardless of whether they win a case. Sometimes, the losing party is ordered to pay the other partyâs lawyer fees on top of their own. Some lawyers also work on contingency, meaning they will take a percentage of the awarded amount only if they successfully win the case.
Lawyers typically charge for their time (typically a hourly rate) regardless of whether they win a case. Sometimes, the losing party is ordered to pay the other partyâs lawyer fees on top of their own. Some lawyers also work on contingency, meaning they will take a percentage of the awarded amount only if they successfully win the case.