what does an attorney do in a bankruptcy filing

A bankruptcy attorney will assist in filing the case and ensure that all legal matters related to the case are handled appropriately. The first major thing that a bankruptcy attorney will do is advise a debtor as to whether they should file bankruptcy in the first place.

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What questions do you ask a bankruptcy lawyer?

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What to ask a bankruptcy attorney?

The first meeting with a bankruptcy attorney can be intimidating. Since it is probably the first time you have met, they will ask many penetrating questions about your financial history. They might seem highly personal, but the attorney needs to make a preliminary assessment of your financial situation before he or she can answer your questions.

How much does a bankruptcy attorney cost?

• Submitting a list of creditors to the court and scheduling court appearances.
• Directing you on where and how to complete a required pre-bankruptcy credit counseling session and a post-bankruptcy debt management course.
• Submitting required fees when filing documents with the court.

How to find a good bankruptcy lawyer?

What Should You Ask a Fort Lauderdale Bankruptcy Lawyer?

• First impressions count. ...
• Once you’re in with the lawyer, are they listening to your situation and asking questions? ...
• Ask about their bankruptcy experience. ...
• How large is the lawyer’s law firm? ...
• How quickly do they return calls, emails or texts? ...
• How hands-on will the attorney be after the initial consultation? ...

More items...

What does a lawyer do?

Maybe most importantly, your lawyer acts as your communication between you and the courts. They’ll be on the phone and in email interactions with trustees, creditors, as well as keeping you up to date on what’s happening with your case.

What is Brenner Spiller and Archer?

Brenner Spiller & Archer, LLP is a New Jersey law firm that is dedicated to helping families find relief from the burden of debt and other financial woes. For more than 35 years, our bankruptcy lawyers have provided effective guidance on all debt relief matters to clients throughout Central and South Jersey.

Do you have to go to the first hearing in bankruptcy?

There are several meetings and hearings that take place during the bankruptcy process. You’re required to go the first hearing with your creditors, but only your lawyer will need to attend most (if not all) of the meetings after that.

Do bankruptcy lawyers know the rules?

Bankruptcy lawyers know all of the rules and expectations that go along with the bankruptcy process, so you know you’re in good hands.

What to look for in a bankruptcy attorney?

Having second thoughts about whether or not you should employ a bankruptcy lawyer is natural at the beginning of the process, but as time is of the essence, make sure not to take too much time contemplating what needs to be done.

How quickly can an attorney file bankruptcy for me?

Depending on the chosen payment plan and the urgency of the situation, it may take between as little as two hours up to several weeks to prepare and file all required paperwork. Unless it is completely necessary, it is advised not to rush with filing.

What will bankruptcy attorney want to know?

It’s not uncommon to see a debtor coming to the first consultation well prepared, asking questions such as what to expect after bankruptcy discharge, is there a way to keep any unexempt property, or which classes must be taken during the process of filing.

What documents my attorney needs to file bankruptcy in California?

California laws and regulations explicitly demand filing several different forms, whether you are filing for Chapter 7 or Chapter 13 bankruptcy. The list of necessary paperwork is very extensive, and only some of the forms you will be required to submit are :

Whom can you trust with your bankruptcy case?

For some debtors, the financial situation they’re in is stressful enough, yet most of them feel additionally concerned if they are not sure how to find a reliable lawyer for bankruptcy in Chula Vista.

What should a bankruptcy lawyer do?

And that is exactly what a bankruptcy lawyer should do: Protect your assets from debt collectors and find a way to free you from financial responsibilities.

What does bankruptcy do?

The word bankruptcy is so fraught with negative images that consumers tend to forget the real purpose behind filing: A) It provides protection from creditors; and B) It offers relief from some, or maybe even all debt obligations. And that is exactly what a bankruptcy lawyer should do: Protect your assets from debt collectors ...

How many bankruptcy cases did lawyers file in 2017?

According to Ed Flynn of the American Bankruptcy Institute, lawyers represented consumers in 91.5% of the 486,347 Chapter 7 cases filed in 2017. Lawyers had their clients’ debt discharged – meaning eliminated – in 96.2% of the cases. Put another way: 428,097 people walked out of court debt free.

Why do creditors want to get paid in bankruptcy?

The reasons are fairly obvious. Bankruptcy is a complex subject. Creditors want to get paid by consumers who say they don’t have the money. Lawyers on both sides are trying to convince judges that their client is right.

What is the next step in bankruptcy?

The next step depends on the type of bankruptcy. In a Chapter 7 case , you would appear before a Chapter 7 trustee for a review of your bankruptcy petition. In most cases, your lawyer has done all of the heavy lifting up front. By providing thorough and complete schedules along with back-up documentation to the trustee, these meetings are normally painless when you use an attorney.

How many people were successful in Chapter 7 bankruptcy?

By contrast, people who represented themselves in Chapter 7 bankruptcy cases, were successful just 66.7% of the time.

How long does it take to get a lawyer to represent you in bankruptcy?

Representation when the case goes to court. The bankruptcy process begins with a 30-60 minute interview between you and a lawyer. If you are married, both of you should attend so that all questions can be answered honestly and accurately. Making guesses about how much you owe and who you owe it to is not a good idea.

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 is the responsibility of a bankruptcy attorney?

For these reasons, one of the responsibilities of your bankruptcy attorney is to know the local rules and filing procedures.

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 information do you provide to your attorney?

You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information . Your lawyer will use it to prepare the official forms and then go over the completed paperwork with you to ensure accuracy.

What type of hearings can an attorney represent you at?

Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings. Chapter 7 reaffirmation hearings, and. any other motion or objection hearings filed by you, your creditors, or the trustee.

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.

Can you ignore a lawsuit?

DO NOT ignore any lawsuit that's filed, even if it does not have a case number on it. Provide a copy to your attorney right away.

Can you transfer money to family without a lawyer?

DO NOT transfer any assets (real estate, car, money, or anything of value) to family or friends, without first contacting your attorney. You may be able to do so, but certain requirements must be met or your family and friends can be affected.

Can a bank close your account if you file bankruptcy?

The bank may close your account when you file bankruptcy, so it's a good idea to already have a new bank account set up when you file. DO refer collection calls to your attorney, once you have retained one. You are free to speak with your creditors, but you retained an attorney for a reason.

What information do bankruptcy trustees need?

A bankruptcy trustee will want identification and social security information for both the debtor and the person who is exercising the power of attorney. So be sure that this is accomplished. Sometimes, a remote video through Skype or something similar will satisfy any concerns the trustee may have.

Can you file bankruptcy through a power of attorney?

Bankruptcy cases through people exercising powers of attorney are possible but tricky. Plan in advance and you’ll be able to accomplish your objectives for those unable to speak for themselves.

Can you file bankruptcy on behalf of someone else?

The Bankruptcy Rules also recognize the right to act through a power of attorney. If you plan to file a bankruptcy case on behalf of somebody else utilizing a power of attorney, you’ll want to do some advance planning. Be sure that the power of attorney you have or get is appropriate and acceptable for your state.