should you get a second opinion from a attorney when filing bankruptcy

You can always talk to a couple of other bankruptcy attorneys to get a second and third opinion about your situation. The Chapter 13 bankruptcy would give you legal protection and help to eliminate your tax liabilities that first came due more than three years from your filing date.

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Should you get a second opinion on your case?

Jul 08, 2012 · The bankruptcy attorney that you meet with should be willing to spend some time with you to explain what exactly the plan is and whether there are other options other than filing bankruptcy. If you meet with someone that is in a big rush and will only spend less than 30 minutes with you, my advice is run away from that lawyer.

Why do I need a bankruptcy lawyer?

Jun 16, 2012 · I told both that for them, Chapter 7 bankruptcy was better. Legal ethics allows me to give a second opinion to people who already have a bankruptcy lawyer. (I don’t like to do that because it really hacks off the other lawyer.) These folks didn’t have a bankruptcy lawyer.

What can I expect from a bankruptcy attorney?

May 30, 2011 · If a debtor’s debts are mostly secured or even nondischargeable, then filing bankruptcy the second time around might not be beneficial. For example, if the debtor had $40,000 in secured, priority, nondischargeable debt and only $5,000 in unsecured debt, bankruptcy might not offer the benefits they need. On the other hand if only $5,000 are …

How do bankruptcy attorneys file bankruptcies?

The more you can tell and show the second lawyer about your case, the better advice you will get about whether your case is being handled correctly and what might be done differently. Keep in mind, though, that no two lawyers handle a case in exactly the same way, and that a second opinion is usually a cursory review, not a comprehensive analysis.

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 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.Sep 30, 2021

What are the do's and don'ts of bankruptcy?

Don't run up debts immediately before filing bankruptcy. Incurring debts prior to bankruptcy could result in those debts not being discharged. Worse yet, the court may deny your bankruptcy altogether! Don't use a non-attorney "bankruptcy preparer" unless you have completely researched all relevant legal issues.

Can you switch lawyers during bankruptcy?

You can fire and replace your bankruptcy lawyer at any time. ... If you're unhappy with the service provided by your bankruptcy attorney, you can replace your lawyer at any time. Read on to learn more about why you might need to replace your lawyer and what to look for when hiring a new one.

Can you change your mind on bankruptcy?

You do have the right to change your mind after filing bankruptcy, but this can be a lengthy and sometimes complicated process. ... You will then have the right to file bankruptcy at a later date if you needed to. You will need to provide the court with a sufficient reason for changing your mind.

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Feb 6, 2021

How far back does a bankruptcy trustee look?

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.Dec 6, 2021

What would disqualify me from Chapter 7?

5 Reasons Your Bankruptcy Case Could Be Denied The debtor attempted to defraud creditors or the bankruptcy court. A previous debt was discharged within the past eight years under Chapter 7. A previous debt was discharged within the past six years under Chapter 13.May 10, 2021

Are bankruptcies ever denied?

Yes, you can be denied a bankruptcy discharge but this is a rare occurrence. The most common occurrence is when a Debtor has committed a fairly serious fraud against his creditors. A more common occurrence, but still rare, is being denied a discharge of a single debt for various legal reasons.Jun 13, 2013

Will they be able to get a bankruptcy discharge?

Technically a debtor could file Chapter 13 bankruptcy within four years of filing Chapter 7 bankruptcy but they would not be able to get a discharge. The debtor needs to determine if going through bankruptcy without receiving a discharge will offer them some benefits.

Are the majority of your debts unsecured or secured?

If a debtor’s debts are mostly secured or even nondischargeable, then filing bankruptcy the second time around might not be beneficial. For example, if the debtor had $40,000 in secured, priority, nondischargeable debt and only $5,000 in unsecured debt, bankruptcy might not offer the benefits they need.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

What to consider when considering bankruptcy?

As before, when deciding whether bankruptcy will be beneficial, you’ll want to consider: whether you have the type of debt that’s dischargeable. the amount of property you can keep (or potentially stand to lose), and. the differences between Chapter 7 and Chapter 13 bankruptcy and which would be the best fit for you.

How long do you have to wait to file a second bankruptcy?

If you received a discharge of debts in your first case, you must wait eight years to file your second Chapter 7 case. Chapter 7 to Chapter 13.

Can you file multiple bankruptcy cases?

Filing multiple cases can get you into trouble with the court if you file too many too close together. This practice, known as serial filing, will draw the court's attention and the Office of the United States Trustee. If an investigation leads the trustee or the court to conclude that you are abusing the bankruptcy process, the court can dismiss your case with prejudice, meaning that you’ll be prohibited from filing another bankruptcy case for a period. Most dismissals are limited to six to 12 months, but the court can permanently prohibit you from ever filing another bankruptcy case in extreme circumstances.

Can I file another bankruptcy?

You can always file another bankruptcy case. However, if you’d like to receive a second discharge of your debts, you must wait until a fixed period elapses. The amount of time will depend on: the type of bankruptcy you previously filed. the bankruptcy type you plan to file.

Does filing bankruptcy hurt your job?

Many debtors worry that filing bankruptcy will harm their employment chances, but the truth is that filing bankruptcy could help if you’re looking for work. Let’s take a closer look at four ways that filing bankruptcy could help your job hunt.

Can you garnish wages if you file bankruptcy?

However, if you file bankruptcy, no creditor can garnish your wages if the debt you owed was discharged. This gives any future employer a certain security that they won’t be forced to carry out wage garnishment orders, and that’s worth a lot.

Can you file bankruptcy if you can't pay your debts?

By filing bankruptcy when you can no longer pay your debts , you demonstrate that you’re responsible enough to take proactive steps to resolve outstanding financial issues.