how to hire a bankruptcy attorney

How To Hire A Bankruptcy Lawyer – Or Any Lawyer For that Matter.

• 1) Do a search on the internet for “Austin bankruptcy law” or “Cleveland probate lawyer” etc. If the attorney is not on the internet, there is a ...
• 2) Look for someone that has a decent looking website. How they present themselves on their website probably correlates to how they present themselves ...
• 3) Don’t necessarily go with the top result. There are many ways to game the system and make a website show up as the first result under different ...
• 4) You want to find a website that is easy to read, has few ads, and appears to host mainly original content. This will help you distinguish the sites ...

Full Answer

Do I need a lawyer to file bankruptcy?

But since a bankruptcy filing involves legal matters, it can be challenging to navigate the bankruptcy process alone. You can file the case without legal help, known as going pro se, but experts typically recommend relying on a bankruptcy lawyer to handle your case.

What does a bankruptcy lawyer do?

A bankruptcy lawyer specializes in giving legal advice to a client about bankruptcy, prepares legal documents for the client and represents the client in court. An attorney must hold a law degree and be licensed in the state where they do business.

What are the benefits of hiring a consumer bankruptcy attorney?

The biggest benefit to you is that an experienced attorney quickly recognizes any potential hiccup that could arise during your case and will plan accordingly. Here's a sampling of the value a qualified consumer bankruptcy attorney will bring to the table. Consider alternatives to bankruptcy.

Do I have to sign my bankruptcy papers?

You must sign your bankruptcy paperwork under penalty of perjury, telling the court that as far as you know, the information is correct. At your meeting of creditors and anytime you're in court, you'll swear or affirm that you're telling the truth.

What should you not do before filing bankruptcy?

Here are common mistakes you should avoid before filing for bankruptcy.Lying about Your Assets. ... Not Consulting an Attorney. ... Giving Assets (Or Payments) To Family Members. ... Running Up Credit Card Debt. ... Taking on New Debt. ... Raiding The 401(k) ... Transferring Property to Family or Friends. ... Not Doing Your Research.

Should you seek legal advice when filing for bankruptcy?

However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

What debts are not discharged in bankruptcy?

The following debts are not discharged if a creditor objects during the case. Creditors must prove the debt fits one of these categories: Debts from fraud. Certain debts for luxury goods or services bought 90 days before filing.

What are three alternatives to bankruptcy?

Bankruptcy AlternativesDebt Settlement. ... Debt Consolidation. ... Sell Assets. ... Credit Counseling. ... Borrow Money from Friends or Family. ... Find a Way to Earn Extra Income. ... Restructure or Refinance Your Mortgage. ... Lower Expenses Making Changes to Your Budget and Lifestyle.More items...

What do bankruptcy attorneys know?

Your attorney will know what you must disclose, how to value your assets, what constitutes income, which of your expenses are "reasonable and necessary," which tax returns to supply, and a host of other issues. Guide you through the bankruptcy case.

How to prepare for bankruptcy?

Bankruptcy Preparation: Apply the means test. The means test calculation indicates whether you qualify for a Chapter 7 bankruptcy or whether you can afford to make payments in a Chapter 13 case. An attorney will understand how to use any special circumstances you present. Value your property.

What happens if a creditor refuses to stop collecting?

Some creditors just don't know when to quit collecting. If a creditor violates the automatic stay (the injunctive order that prohibits collection activity after the filing of the case), your attorney can demand compliance or ask the court to hold the creditor in contempt. Negotiate with your creditors.

What is Chapter 13 bankruptcy?

In Chapter 13 bankruptcy, your attorney will negotiate with your creditors on payment terms, the value of collateral (property that secures payment of a debt), and interest rates to make your repayment plan affordable. Modify a Chapter 13 repayment plan.

How many people can get a repayment plan for Chapter 13?

According to reports issued by the U.S. Bankruptcy Court for the Central District of California, fewer than 2% of pro se Chapter 13 filers are able to get a repayment plan confirmed (approved by the court) as compared to 60% of debtors represented by an attorney.

What is the benefit of having a bankruptcy attorney?

The biggest benefit to you is that an experienced attorney quickly recognizes any potential hiccup that could arise during your case and will plan accordingly. Here's a sampling of the value a qualified consumer bankruptcy attorney will bring to the table.

Is bankruptcy the only way to achieve financial peace?

Bankruptcy might not be the only way to achieve financial peace. If bankruptcy is not the best choice, your attorney will suggest an appropriate bankruptcy alternative. Decide which type of bankruptcy to file. Chapter 7 and Chapter 13 accomplish different goals and serve different purposes.