how do you find an affordable bankruptcy lawyer?

by Jameson Carroll 3 min read

How to search for a cheap reputable lawyer:

  • Gather the required documents.
  • Research the differences between Chapter 7 and Chapter 13 and how it affects your property.
  • Contact your State Bar Association.
  • Contact the National Association of Bankruptcy Attorneys.
  • Avoid using paralegals. They can't offer legal advice and add to the cost.
  • Look into legal aid organizations.
  • Check unbiased reviews on sites such as Yelp. Search for 'cheap bankruptcy attorneys in my area.'.

Full Answer

How does someone get the best bankruptcy attorney?

  • Will i be able to keep my home, car, bank account, household goods or other assets?
  • Will i be able to save my business?
  • When should i file my bankruptcy?
  • How can i maximize discharge?
  • How can i minimize property loss?
  • Should i keep paying credit cards or hoard my cash?
  • Will i need a payment plan?

How to find the best bankruptcy attorney for your case?

What Should You Ask a Bankruptcy Lawyer?

  • Begin by establishing whether the lawyer thinks you’re a qualified candidate for bankruptcy, and if so, which variety, Chapter 7 or Chapter 13?
  • Find out how many bankruptcies they’ve done, and what types?
  • How large is the lawyer’s practice, or affiliate firm? ...
  • How quickly do they return calls? ...
  • How hands-on will the attorney be? ...

How do I find an affordable bankruptcy attorney?

  • Mutual respect: You want an immigration lawyer who treats you and your family with kindness and consideration. ...
  • Availability: Before hiring, note if they have responded promptly to your emails and calls. ...
  • Proven success: Read former client reviews and research their success rate with cases similar to yours.

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How do I choose a bankruptcy attorney?

  • What experience do you have with this type of case (how many years; how many cases now, how many in the past)?
  • What are the possible outcomes (best/worst case scenarios; how long might it take to resolve)?
  • How will you let me know what’s going on in the case?
  • What can I do to help as the case goes forward? ...
  • Will anyone else be working on the case?

More items...

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What bankruptcy clears all debt?

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.

Who pays the cost of bankruptcy?

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.

What's the difference between Chapter 7 and Chapter 13 bankruptcy?

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.

How much do you pay monthly for bankruptcies?

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.

What can you not do after filing bankruptcies?

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.

How much do you have to be in debt to file Chapter 7?

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.

What Cannot be discharged in Chapter 7 bankruptcy?

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.

Which is worse on credit Chapter 7 or 13?

Chapter 7 and Chapter 13 bankruptcy both affect your credit score the same – 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.

What Should You Ask a Bankruptcy Lawyer?

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.

Why do bankruptcy attorneys help?

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.

What does it mean to be a certified attorney?

Investigate whether your candidate attorneys are certified, which, according to the American Board of Certification (abcworld.org), “means that the certified attorney has met rigorous, objective standards and has demonstrated knowledge in bankruptcy and/or creditors’ rights law.”

What are the three ES in bankruptcy?

Reed Allmand, a certified bankruptcy attorney based in Dallas, stresses that the selection of an attorney be guided by the “three Es”: Empathy, Experience, and Expense.

How to find a lawyer for a home?

Ask neighbors. Ask friends and relatives. (Yes, you have to swallow your pride.) Perhaps there are lawyers on your homeowner’s association board. There surely are lawyers on the board of your church. Ask all of them for recommendations.

Who is the bankruptcy judge in Tampa?

Bankruptcy judges have a term for such situations, says Tampa-based Bankruptcy Judge Catherine Peek McEwen. “We call it ‘a mess.’ ”

Who recommends against choosing a dabbler?

Allmand recommends against choosing “dabblers” who often are more interested in quick, out-the-door closings than the nuances of a client’s predicament.

What to look for in a bankruptcy attorney?

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 you’re comfortable with.

What to do if you aren't able to work one on one with a bankruptcy attorney?

If in your first meeting you aren’t able to work one on one with the attorney to air your concerns and talk through your case, you might want to go elsewhere.

How much does a bankruptcy attorney charge?

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.

What does it mean to be affiliated with NACBA?

An affiliation with NACBA is also a sign that an attorney is committed to advocating for people going through bankruptcy.

What happens if you miss a bankruptcy deadline?

A misfiled form or missed deadline could result in your case being thrown out. That’s why finding a specialist is important.

What are the alternatives to bankruptcy?

And know that a good bankruptcy lawyer will also discuss alternatives to bankruptcy, such as credit counseling, with clients.

What is the ABA website?

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 state’s bar association for local resources.

What can a lawyer do for bankruptcy?

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.

Why do you need a bankruptcy lawyer?

Benefits of working with a bankruptcy lawyer. If you’re 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 a year?

How many bankruptcy cases do you file each year? Morgan suggests working with a lawyer who’s filing two to five cases every month, or roughly 50 per year.

What happens when you file Chapter 7?

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 that’s required to file your bankruptcy petition.

What is the name of the organization that provides free legal advice to low income individuals?

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.

What is the bankruptcy process?

The bankruptcy process involves disclosing a lot of personal financial information, and you’ll want to make sure you’re working with someone you feel comfortable with. That may mean you need to speak with a few candidates before you find the one who’s right for you. In this article, we’ll explore how to find and vet people for the job.

Why is it important to have a lawyer?

Because there’s so much at stake, it’s essential that your lawyer works with you from the beginning and knows the ins and outs of your financial situation. If you won’t be meeting with your attorney until the meeting of creditors, you may want to find someone else to work with.

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How long does a Chapter 7 bankruptcy last?

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 there’s no repayment required. If you get into debt again, you won’t be able to file for bankruptcy again under this chapter for 8 years.

How long does it take for bankruptcy to be removed from credit report?

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.

Do You Need a Bankruptcy Attorney?

It is possible to tackle legal matters on your own but having an attorney is the safest route if you want to succeed.

How do you find a bankruptcy attorney?

You’ll 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.

How much does a bankruptcy attorney charge?

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.

How do lawyers get paid if they lose a 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 party’s 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.

Do lawyers charge hourly?

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 party’s 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.

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