how long is first consultation with bankruptcy lawyer

by Prof. Shanel Morissette PhD 8 min read

between 30-60 minutes

Full Answer

How long does a typical bankruptcy take?

about four to six monthsThe average Chapter 7 bankruptcy case takes about four to six months to complete.

What does a bankruptcy consultant do?

An experienced bankruptcy attorney can guide you through the dizzying maze of decisions, paperwork and procedure that marks a bankruptcy filing, whether it is a chapter 7 or chapter 13. At the outset, a bankruptcy attorney is there to counsel you on the bankruptcy process and whether it is right for you.

Should you seek legal advice when filing for bankruptcy?

Also, bankruptcy does not remove all debt, and there are certain types of debt that cannot be discharged (eliminated) in bankruptcy. Bankruptcy may not always work to save your home or property, so you need to get advice from a bankruptcy lawyer about whether or not bankruptcy is a good option for you.

What are the differences 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.

What is a bankruptcy attorney office?

A bankruptcy attorney is a lawyer that specializes in the bankruptcy process, having knowledge about the various types of bankruptcy, filing the required documents with the court, and issues with creditors. Most bankruptcy lawyers handle either consumer (personal) bankruptcy, or commercial (business) bankruptcy.

Can you tell a creditor you are filing bankruptcy?

The law doesn't require you to notify your creditors before you file bankruptcy, but you may choose to tell some or all of them. Whether notifying your creditors is a good idea depends on the creditor, type of debt, account status, and what you hope to accomplish.

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.

Can you threaten creditors with bankruptcies?

There's no guarantee that threatening to file bankruptcy will stop annoying creditor calls. The only sure fire way to use bankruptcy to accomplish this is actually to file a case. That's when an order called the "automatic stay" goes into effect and prohibits your creditors from making any attempt to collect a debt.

Bankruptcy Can Be a Difficult Time for You

Fortunately, bankruptcy lawyers understand what a difficult and emotional time this can be for clients. They know that many bankruptcies are often caused by circumstances beyond your control, like a job loss or downsizing, major medical issues, divorce, or other sudden changes in your financial picture.

What to Expect at a Consultation with a Bankruptcy Attorney

At the Law Office of David A. Bhaerman, we typically set aside 60-90 minutes for the initial consultation with a potential client. We ask you general questions about your debt, your income, and any assets you may have to help build a financial picture of your situation.

How to Prepare for the Initial Bankruptcy Consultation

During the initial consultation, it’s important that you provide as much accurate information as possible, so that we may properly assess your situation.

The Best Way to Contact a Bankruptcy Attorney

An initial consultation with a bankruptcy lawyer doesn’t mean you’ll automatically file bankruptcy. It’s important to communicate your situation with us, with as much detail and completeness as possible so we may help you make the right decision on whether or not to file bankruptcy. The Law Office of David A.

Bankruptcy Attorney Near You

Of course, there are many more reasons to hire a qualified, experienced bankruptcy attorney to help you navigate the murky financial waters of a personal bankruptcy case. These ten reasons are pretty compelling, especially if you’ve never handled anything like this yourself.

What to expect at a free bankruptcy consultation?

At your free bankruptcy consultation, you’ll meet your bankruptcy lawyer for the first time and share information about your financial situation and goals. Your attorney will use that information to determine if bankruptcy is right for you, and if so, what type. In order to get the best advice possible, you should prepare for your first meeting ...

What do bankruptcy lawyers need to know?

In order to help you best, your bankruptcy lawyer will need to know about your life and finances. They will want to know what has brought you to consider bankruptcy , such as credit card debt, difficulty paying a mortgage, medical bills, and so on. They might also ask: If you’re married. If you have children. How much money you and your spouse make.

What does it feel like to be a bankruptcy lawyer?

Many clients also find themselves getting emotional during their first meeting with a bankruptcy lawyer. You might feel loss, anxiety, sadness, anger, fear, or even relief. Your lawyer understands that it’s natural to feel emotions as you start your bankruptcy journey, so don’t feel ashamed if they come up during your first meeting.

Which Documents Should You Bring Along With You?

Showing up to your in-person consultation empty-handed is a huge mistake. Plus, putting everything on paper can actually help you focus on what debts to discharge or pay down. At a minimum, plan to bring copies of the following documents to show your bankruptcy attorney when you meet:

How to Prepare for Your In-Person Bankruptcy Attorney Meeting

Plan to show up on time and ready to answer your attorney’s questions honestly when you arrive. Your lawyer isn’t going to judge you or your finances. In addition, you won’t owe any money today. Most people feel more confident dressed in the clothes they’d wear either for jury duty or church.

10 Questions To Ask Your Bankruptcy Attorney

In addition, you may wish to “interview” the lawyer before you’re willing to sign anything and retain their services. But what questions should you ask to quickly learn whether or not this bankruptcy attorney’s right for you? Here are some examples we recommend asking during your first in-person consultation:

What should a bankruptcy attorney do?

A skilled attorney should be able to recommend one or more specific courses of action to you, based on your particular situation, as well as clearly explain bankruptcy procedures in general. They should talk to you about Chapter 7 and Chapter 13 bankruptcy and thoroughly describe the differences between these two paths, as well as the implications for you of choosing one over another. They should also be able to provide a convincing, understandable rationale for any recommendations they offer.

What to do if you are filing for bankruptcy?

If you’re filing for bankruptcy, the right bankruptcy attorney can make all the difference. Attorneys are often willing to provide a free initial consultation to help you determine whether the services they offer are a good fit for your needs. Take advantage of these opportunities by asking the right questions.

Why do you need an attorney for bankruptcy?

When you have to go to court, it’s likely you’ll want your attorney, as opposed to a paralegal or associate, to accompany you, since your attorney will be more familiar with you and your case.# N#Ask prospective attorneys if they plan to be present for any court appearances you make and what will happen if they can’t attend a particular hearing. Some firms send a different attorney to court when there’s a scheduling issue. If so, get reassurance that you’ll be notified in advance and that the substitute attorney will be well-briefed on your case and able to represent your interests well.

What should an attorney be able to describe?

An attorney should also be able to describe the positive and negative consequences of filing for bankruptcy versus choosing not to file for someone in your particular situation. 3.

What does a good attorney do?

A good attorney will put you at ease during a consultation and help you feel comfortable communicating openly and directly. Armed with the right questions, you shouldn’t have trouble finding an attorney who will treat you with respect and put their expertise to work for you in and out of bankruptcy court.

How to communicate with bankruptcy attorney?

Some attorneys communicate with clients primarily by email, while others prefer to use the phone . Some like to be accessible after hours, in case a last-minute issue comes up, ...

Do you have to have an oral agreement with a bankruptcy lawyer?

Do not rely on oral agreements when hiring a bankruptcy lawyer. The financial and practical consequences of doing so could be severe. To protect both of you, any attorney you hire should prepare a formal agreement that specifies how much you will be paying and what services are – and are not – covered by this amount.

What do I need to bring to a bankruptcy consultation?

Preparing for a bankruptcy consultation, no matter if you’re within the Southern District of California Department of Justice, or within another place of jurisdiction, mostly boils down to preparing the same important documentation to bring to your initial consultation:

What to do before filing for bankruptcy?

What you definitely have to do prior to a bankruptcy consultation is prepare a list of all your debts, which may include medical bills, vehicle loans, credit cards, personal loans, mortgages, as well as any other outstanding loans you may owe. If you’ve been sued, or you’ve received a summons, you should bring that too.

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