how to make sure your bankruptcy lawyer is looking out for your best interest

There are a few important things to look for to ensure your lawyer is looking out for your best interest. Does your lawyer: Present you with all options available to you? Ask about your goals in regard to filing bankruptcy? Treat you with respect and listen to your concerns? Provide direct, honest answers and solutions that meet your needs?

Full Answer

How do I choose a bankruptcy attorney?

There are a few important things to look for to ensure your lawyer is looking out for your best interest. Does your lawyer: Present you with all options available to you? Ask about your goals in regard to filing bankruptcy? Treat you with respect and listen to your concerns? Provide direct, honest answers and solutions that meet your needs?

What questions should I Ask my bankruptcy lawyer?

 · Since you'll be talking with your bankruptcy attorney quite a bit during the process of filing bankruptcy, go with the person whose style, demeanor, and approach most closely match your own. Ultimately, you have to trust your lawyer, and they have to be able to trust you to ensure your best interests are protected.

Why do I need a bankruptcy lawyer?

It's critical that you trust that the person you hire will be working in your best interest. Look for the following three qualities during your consultation. 1. They discuss alternate resolutions.

Should I choose the cheapest bankruptcy lawyer in town?

 · 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. If you choose to move forward with bankruptcy proceedings, an attorney can guide you through the ...

Does Bankruptcy Trustee look at bank statements?

Your bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms.

What does a bankruptcy trustee look for?

In addition to making sure that your paperwork is accurate and complete, the trustee will be on the lookout for omitted or undervalued assets, undisclosed income, fraudulently transferred property, and any other red flags that can benefit your creditors or indicate abuse of the bankruptcy process.

Should you seek legal advice when filing for bankruptcy?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes.

What advice would you give someone who is considering filing bankruptcy?

Start saving and gathering financial documents, including paystubs, bank statements, tax returns, retirement accounts, payoff balances on homes & cars, titles, and any other financial papers you may have. You should try to go back 6 months on most statements and paystubs, and 3 years on tax returns.

Does the trustee monitor your bank account?

While your trustee will most likely periodically check all of your financial accounts such as your bank accounts, in order to ensure that you have enough money to continue making your bankruptcy payments, they are not permitted to touch any of your funds, other than the funds which are allocated for your secured loan ...

Should I be nervous about 341 meeting?

There is Nothing to Be Afraid Of The meeting of creditors is nothing that you need to be afraid about or fearful about. Not only will your attorney be with you guiding you through the process, but it really is not a trick question type of situation.

What debts are not discharged in bankruptcy?

Examples of other non-dischargeable debts in a Chapter 7 bankruptcy case include:401k loans.Other government debt such as fines and penalties.Restitution for criminal acts.Debt arising from fraud or false pretenses.Debts you intentionally did not include in your bankruptcy forms.Damages related to a DUI accident.

What will I lose if I file bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.

What is the downside of filing for bankruptcy?

Filing for bankruptcy can negatively impact your immediate financial future. Obtaining credit after filing for bankruptcy could mean increased interest rates. Obtaining credit after filing for bankruptcy might require security deposits.

What two classes of debt do bankruptcy laws treat?

The two types of cases have different debt limits, defined as the total amount of noncontingent liquidated secured and unsecured debt at the time the debtor files their bankruptcy case.

Who is the disinterested person in the bankruptcy case?

The term "disinterested person" is defined in the Bankruptcy Code to include one who is not a creditor and "does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or ...

How long does Chapter 7 bankruptcy stay on your credit report for?

10 yearsA Chapter 7 bankruptcy can stay on your credit report for up to 10 years from the date the bankruptcy was filed, while a Chapter 13 bankruptcy will fall off your report seven years after the filing date. After the allotted seven or 10 years, the bankruptcy will automatically fall off your credit report.

How to get a bankruptcy attorney?

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.

How to contact a bankruptcy lawyer?

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.

How to get out of bankruptcy?

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.

What to do when filing for bankruptcy?

Provide advice about the best time to file bankruptcy, so you don’t end up in a worse financial situation than before you filed. Offer guidance on assets. When you file Chapter 7 bankruptcy, certain assets are exempt from the proceedings, which means you get to keep them.

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.

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.

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.

Do bankruptcy lawyers offer free consultations?

Many bankruptcy attorneys offer free consultations, so it makes sense to use that opportunity to find a lawyer you’re comfortable with. When you take those meetings, it’s important to be prepared. Here’s a list of some of the questions you may want to ask to help evaluate an attorney.

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.

What is the NACBA?

National Association of Consumer Bankruptcy Attorneys: The NACBA is a professional trade association for bankruptcy attorneys who represent individuals. You can search the organization’s member directory to find an attorney near you.

Does bankruptcy make sense?

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.

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.

Is bankruptcy easy to handle?

Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

What happens if you miss a bankruptcy filing deadline?

You might have to provide additional forms or documents with the court or the trustee, too. Your attorney will make sure to do so promptly because missing a bankruptcy deadline can cause: 1 delays in the process 2 dismissal of your case, or 3 other adverse consequences.

How to file for bankruptcy?

First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.

What to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

Is filing for bankruptcy a good idea?

Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in. Not only will you receive legal advice, ...

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.

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Tips

Be prepared for your initial meetings. In order to make best use of limited time, bring written questions and information about your financial situation.

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 8,713 times.