what does a bankruptcy lawyer do

by Fanny O'Connell 6 min read

What Does a Bankruptcy Attorney Do?

  • Opening the Safety Valve. Bankruptcy laws operate as a release valve for the national economy. ...
  • Maintaining Order in the Court. A morning in bankruptcy court might seem routine to a seasoned bankruptcy lawyer, but a wide variety of legal issues might arise at any time ...
  • Communicating Constantly. ...
  • The Professional Life of a Bankruptcy Attorney. ...

A bankruptcy lawyer's primary focus is to assist clients through court proceedings to reduce or eliminate debt or to proceed forward with bankruptcy. A bankruptcy lawyer's clients may be individuals or corporations.

Full Answer

What does a bankruptcy lawyer actually do?

Generally, bankruptcy lawyers specialize in either consumer bankruptcy, representing either individuals or creditors (usually financial institutions) in Chapter 7 or 13 proceedings, or in commercial bankruptcy, representing either debtor or creditor corporations in Chapter 7 …

What questions do you ask a bankruptcy lawyer?

A bankruptcy lawyer is a legal professional that take their clients through the process of declaring bankruptcy. Bankruptcy law is complex, determining first off if bankruptcy is the best course of action and then determining which Chapter to file under can be difficult for a layperson. Although an individual is free to declare bankruptcy independent of any legal assistance or …

What does it mean to be a bankruptcy lawyer?

A bankruptcy lawyer acts as your guide through the process and is charged with explaining what happens and how it affects you. Bankruptcy is stressful enough without having to worry about what happens when you go to court and what the authorities think about your case.

What should I expect from my bankruptcy attorney?

Mar 30, 2021 · What Does a Bankruptcy Attorney Do? Whether representing a debtor or creditor, a bankruptcy lawyer’s objective is to navigate the client’s case through court proceedings and obtain the best possible result under difficult circumstances. Given the pace of bankruptcy cases, bankruptcy lawyers always seem to be on their toes.

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Assess

A bankruptcy lawyer can examine whether bankruptcy is the right remedy for your particular circumstances.

Avoid

A bankruptcy lawyer helps avoid mistakes, some of them fatal, in completing the bankruptcy papers.

Translate & explain

A bankruptcy lawyer acts as your guide through the process and is charged with explaining what happens and how it affects you.

Complete

After you file the official forms, there’s more to do. If you’ve omitted a creditor or, more importantly, an asset, your bankruptcy lawyer can amend the bankruptcy papers, see that the filing fee is paid, and the proper entities served with the amendments.

Where do bankruptcy lawyers work?

Those who work with consumer bankruptcies generally work as sole practitioners or in small law firms. Their work primarily consists of Chapter 7 and Chapter 13 cases .

What are the skills required to become a bankruptcy lawyer?

Recommended Skills: A quality bankruptcy attorney will have strong transactional and litigation skills. Bankruptcy lawyers are called upon to use incisive analysis along with strong math, negotiation, and writing skills.

Why do lawyers represent debtors?

Lawyers representing debtors often attempt to avoid having their clients file for bankruptcy. When there are negotiations between debtors and creditors, the debtor must have money or something of value to negotiate with.

What is the process of filing bankruptcy?

A bankruptcy case begins with the filing of a petition in the U.S. Bankruptcy Court seeking relief from debt. Creditors are allowed to seek at least a portion of whatever is owed to them. There are consumer bankruptcies and business bankruptcies.

How long does a Chapter 13 bankruptcy last?

Payments must be paid to a bankruptcy trustee every month. Chapter 13 plans last from 3 to 5 years. During that time, debtors aren’t allowed to incur any major debt without court approval.

What is Chapter 9 bankruptcy?

Chapter 9. Municipalities and other taxing entities are also eligible for debt relief. A Chapter 9 bankruptcy is a reorganization of debt. A payment plan is submitted for the bankruptcy court’s approval.

How does bankruptcy work?

Bankruptcy laws operate as a release valve for the national economy. The bankruptcy safety valve releases pressure on both consumers and big businesses. When that final order is entered, and the case has been concluded, cash is infused into the economy, and that fosters economic growth.

Benefits of a Bankruptcy Lawyer

A bankruptcy filing may be routine for an experienced bankruptcy lawyer, but for a debtor or business owner, it is a major event that affects your credit and property.

Complications in the Petition

Most Chapter 7 petitions are simple and routine, unlike a Chapter 13 or an 11. A Chapter 13 is for small business owners or debtors who do not qualify for a Chapter 7 or who may be behind on their mortgages but are able to make current payments while paying off the arranges for up to 60-months.

Dealing with Creditors

You may have to deal with or negotiate with creditors. Your attorney is best suited to this task and has the experience to know how to resolve differences to your satisfaction. You will also have to attend a Creditors Meeting shortly after filing.

What is the job of a bankruptcy lawyer?

Part of the bankruptcy’s lawyer’s job is to find and organize all the necessary financial records. Many people worry about missing paperwork, but a good attorney can hunt it all down and present it properly.

What is discharge in bankruptcy?

Discharge means that you are legally released from the liability of your debt at the conclusion of the bankruptcy proceedings.

What is sound legal advice?

Sound legal advice is meant to get you through this difficult time as quickly as possible. A good attorney does the work for you and makes sure it is completed correctly and on time.

How to contact Sirody and Associates?

Contact Sirody and Associates at 410-415-0445 for a FREE Consultation and advice from attorneys that specialize in bankruptcy law. Let our attorneys get to work to get you back on your feet.

What Is a Bankruptcy Lawyer?

A bankruptcy lawyer is one of the most important people you can speak to if you’re going through a bankruptcy. They understand everything there is about business law, so you can expect them to provide you with a plethora of information throughout the bankruptcy process.

Evidence Collection

One of the main things that a bankruptcy lawyer does is collects evidence for their clients. This is something that most people struggle with because it can be hard to know what is effective. When it comes to bankruptcy, you’ll need to prove that your case is legitimate.

Guidance

Guidance is another thing that people struggle with during bankruptcies. If you don’t have someone to turn to, you won’t know what to do throughout the case. A bankruptcy lawyer can provide you with all of the info you need about what’s going on so that you don’t get confused.

Representation in Court

Aside from keeping you updated with the case, a bankruptcy attorney will represent you in court so that you don’t have to worry about saying or doing the wrong things. This is an important part of their job because you need to submit all of the correct documents to prevent yourself from getting in trouble.

How to Find a Bankruptcy Lawyer

When it comes to finding a bankruptcy lawyer, the process doesn’t take long. Providing that you have access to the internet, you should be able to find several bankruptcy lawyers within minutes. If you’re contemplating filing for bankruptcy, you’ll need to start looking for a lawyer as soon as possible.

Start Working with a Bankruptcy Lawyer Today

Whether you’ve already filed bankruptcy or would like to, you should contact a bankruptcy lawyer as soon as possible to help you. Bankruptcies are difficult for most people, so you don’t need to struggle with the process.

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.

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.

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.

What is a retainer agreement?

In general, your retainer agreement (the contract you and your attorney sign) will outline the services your bankruptcy attorney will provide . Your attorney's job is also to provide you with competent advice throughout the bankruptcy process.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

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, ...

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Benefits of A Bankruptcy Lawyer

The Attorney’s Responsibilities

  • Your attorney should examine your financial situation and determine if bankruptcy will help your resolve your main problem. For instance, if you are facing foreclosure, a Chapter 7 will not stop it, although it will stay the process for a short time until the bank or lender files a motion to lift the automatic stay that goes into effect whenever a bankruptcy is filed. Your attorney could sugges…
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Complications in The Petition

  • Most Chapter 7 petitions are simple and routine, unlike a Chapter 13 or an 11. A Chapter 13 is for small business owners or debtors who do not qualify for a Chapter 7 or who may be behind on their mortgages but are able to make current payments while paying off the arranges for up to 60-months. Businesses that wish to stay in business file for Chapter 13 or a Chapter 11, if a corpora…
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Dealing with Creditors

  • You may have to deal with or negotiate with creditors. Your attorney is best suited to this task and has the experience to know how to resolve differences to your satisfaction. You will also have to attend a Creditors Meeting shortly after filing. Although these are typically routine and very short, there is the risk that if a problem is raised by the trustee or creditor, that you will not know how t…
See more on 1800attorney.com