when to hire bankruptcy lawyer

by Miss Frida Wyman PhD 9 min read

You can hire a lawyer before you file for bankruptcy so they can help prepare all of the necessary documents. It is important to keep in mind that filing for bankruptcy isn’t easy, so you need to find an attorney who has experience with the process.

Full Answer

Where Do I Find An Attorney?

First and foremost, start looking right away. As soon as you decide to file for bankruptcy, start looking for a lawyer. Like most services, lawyers who are good often book up well in advance.

Interviewing Your Attorney

Remember, you are hiring an attorney to perform a service for you, so it would be wise to interview them like you would any other job candidate. You can schedule a consultation with any attorneys that you are considering working with to conduct the interview.

Qualities To Look For In A Bankruptcy Lawyer

There are numerous qualities that you will want to look for in any bankruptcy lawyer, and first impressions do matter.

Conclusion

Once you have found a lawyer who is willing to answer your questions fully, patiently, respectfully, and professionally, it will be time to hire him or her. This is the easy part as long as you make sure to be thorough.

What happens if you hire a bankruptcy lawyer?

Once you hire a bankruptcy lawyer, harassing phone calls from creditors will stop. Once a lawyer represents you, you can inform creditors or debt collectors and force their phone calls and letters to go through your lawyer instead.

What does a bankruptcy lawyer do?

A bankruptcy lawyer will know which debts can be discharged and the best type of bankruptcy to use to discharge your debt. For example, a lawyer can identify and eliminate debts beyond the statute of limitations for collections.

Why do people hire lawyers?

1) Hiring a lawyer increases your chances of successfully eliminating debt. An annual report published by the United States Bankruptcy Court for the Central District of California shows that individuals representing themselves (pro se) have a significantly lower bankruptcy success rate than individuals represented by a lawyer.

Why is it important to have a lawyer?

It is crucial to have precise information and sufficient supporting documentation. While much of the information will come from you, a lawyer can help you complete the paperwork and provide legal advice on your disclosures, valuing assets, income, and expenses.

What does a bankruptcy attorney do?

A bankruptcy attorney helps you handle creditors, debt collectors, bankruptcy trustees, judges, and the overall process like a pro. He or she enables you to take the best course of action when discharging your debts through bankruptcy.

What happens if you file bankruptcy?

Once you file bankruptcy, an injunctive order stops any collection activity. If a creditor or a debt collector violates this law, your bankruptcy attorney can file a motion in the court to hold the creditor in contempt. An attorney can give you the best legal advice on how to navigate the bankruptcy process.

How long does a Chapter 13 bankruptcy last?

A Chapter 13 bankruptcy plan lasts for several years (typically between 3 years and five years). This usually results in a higher attorney fee for Chapter 13 when compared to that of Chapter 7. An attorney charges between $2500 and $6000. While debtors can save a significant amount by filing bankruptcy on their own, ...

What is the means test?

Help you apply for the means test the right way. The means test decides whether you will qualify for Chapter 7 or 13 bankruptcy. An attorney can help you understand the tricks to pass the means test. For instance, an attorney may suggest you buy a health insurance policy for your family. You can deduct the premium amount ...

Can debt collectors stop calling you?

Some debt collectors don’t know when to stop making collection calls. Even after you have notified them of your bankruptcy filing, they may still attempt to call you for payment. This is an automatic stay violation. Once you file bankruptcy, an injunctive order stops any collection activity.

What can an attorney do in a 341 meeting?

An attorney can help you handle tricky questions in the 341 meetings and give you an idea of what questions a trustee may ask you. The attorney will explain the answers beforehand so that you can handle the meeting with confidence.

Can I file for bankruptcy if I have a Chapter 7?

You can file Chapter 7 bankruptcy only if you meet the eligibility criteria. Otherwise, you have to file Chapter 13 bankruptcy. The bankruptcy attorney will analyze your financial situation, the debt amount, monthly income, and state median income to determine if you qualify for Chapter 7 or 13 bankruptcy.

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