what is a bk attorney

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What is BK lawyer?

Definition of Bankruptcy Law Bankruptcy is a legal procedure initiated by an individual or a business that cannot pay their debts and seeks to have the debts discharged or reorganized by the courts.Oct 8, 2020

What is an attorney in the UK?

The term lawyer is a generic term used to describe anyone who is a Licensed Legal Practitioner qualified to give legal advice in one or more areas of law. Put simply, solicitors and barristers are both types of lawyer.

What's the difference between solicitor and lawyer?

A lawyer is anyone who could give legal advice. So, this term encompasses Solicitors, Barristers, and legal executives. A Solicitor is a lawyer who gives legal advice and represents the clients in the courts. They deal with business matters, contracts, conveyance, wills, inheritance, etc.

Are lawyers and attorneys the same thing?

Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

Bankruptcy Attorney Fees Vary by Location

What is average in your area might not be so average in another area. Attorneys’ fees vary by district and can even vary widely from state to state...

Presumptively Reasonable Or “No-Look” Fee Amounts

The bankruptcy law gives judges the right to examine the fees charged by attorneys and order them refunded to the trustee if they are unreasonable....

Check Out Unusually Low Advertised Fees

If you see advertisements that promise unusually low attorneys’ fees for your area, be on alert. The advertisements might be deceptive. The attorne...

Fee Amounts Don’T Necessarily correspond to Attorney Qualifications

Unfortunately, the fee quoted often does not tell you anything about the qualifications of the attorney. Many attorneys provide a free initial cons...

What Your Bankruptcy Lawyer Should Do For You

Before you hire your bankruptcy attorney, you’ll want to evaluate whether the professional will deliver the level of service you need. You can expe...

How to be a successful bankruptcy attorney?

To be a successful bankruptcy attorney, you need to be a “jack-of-all-trades”—that is, you may negotiate with creditors to keep a business going, create employee retention packages, and go to court to litigate issues. You’ll also serve as a “rescue worker” who assists companies and individuals in their most desperate times of need.

How many hours do bankruptcy attorneys work?

Often, these attorneys are required to bill over 50 hours per week (so they must work a minimum of 60 hours per week). This means the attorneys must work on evenings and weekends. Right before a filing, attorneys can easily work up to 80 hours per week.

What is the purpose of bankruptcy?

The purpose of each case is to provide overburdened individuals and companies with a chance to resolve their financial affairs, all while providing protection to creditors. Bankruptcy is a last resort measure.

Who is Brian Davidoff?

Stephanie Harnett of Olmsted Williams Communications, Inc. works with Brian Davidoff, who is the chair of the bankruptcy group at Greenberg Glusker Los Angeles. They help middle market companies whose earnings are in the $50 million to $200 million range. She’s helped with workouts of several such firms. Dawn Moynihan Cohen is a Commercial Specialist at Greenberg Traurig. This is one of the largest bankruptcy practices in the world, and has 1,750 attorneys worldwide.

What is Chapter 7 bankruptcy?

In addition to Chapter 11 filings, there are also bankruptcy cases that are filed under Chapter 7. Instead of reorganizing as in Chapter 11, Chapter 7 filings shut down a debtor and liquidate all assets. The Office of the U.S. Trustee appoints a Chapter 7 trustee to wind down the business, which includes liquidating assets and distributing their proceeds to different creditors.

What about other attorneys?

What about other attorneys? A couple of associates gave us insight into their typical days. A third year associate in New York arrives to the office around 9:20, scans the news for bankruptcy headlines, and drafts motions for his cases. He also has to handle automatic stays in and the issues that arise from them, such as state court litigation actions. At the end of the day, he receives a fax on another case from opposing counsel. The deadline is that day and the other attorney has faxed a document at 6:00 p.m. The associate works on a response until 11:00 p.m. and calls it a night.

Do you have to travel for Chapter 11?

If you primarily represent consumers, you won’t have to travel too much . However, if you deal with lots of Chapter 11 filings, you may travel quite a bit. Government attorneys do not travel much, but since bankruptcy is a federal practice, many are admitted pro hac vice (“for this occasion”) in other states for certain cases.

How much does a bankruptcy attorney charge?

There is no “right” amount a bankruptcy attorney should charge, although generally a Chapter 13 filing will cost more than a Chapter 7. Fees vary from case to case and from one state to another. You can expect to pay between $500 and $3,500 for a Chapter 7 and between $1,500 and $6,000 for a Chapter 13, LaBert says.

Does bankruptcy make sense?

Bankruptcy may make sense if you are unable to repay debts as you cover obligations such as retirement, food and shelter. Free Credit Score. by NerdWallet. A better score can help unlock the things you want — like a great travel credit card, better interest rates, lower insurance premiums and more.

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 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.

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 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, ...

How do I choose a bankruptcy lawyer?

Choosing a bankruptcy lawyer is essentially a two-step process: Begin by finding and vetting likely candidates. Complete the mission by interviewing the handful that meet your criteria, then retain the one that feels the most compatible.

Why do bankruptcy attorneys help?

It helps if the attorney has empathy for the client’s situation. Maybe they’re enduring a divorce, he says. Or their kid is sick or the car broke down or they lost their job. The go-to bankruptcy attorney knows overwhelming financial strife often creates more problems and increases misfortune.

Who is Bill Fay?

Bill “No Pay” Fay has lived a meager financial existence his entire life. He started writing/bragging about it in 2012, helping birth Debt.org into existence as the site’s original “Frugal Man.” Prior to that, he spent more than 30 years covering the high finance world of college and professional sports for major publications, including the Associated Press, New York Times and Sports Illustrated. His interest in sports has waned some, but he is as passionate as ever about not reaching for his wallet. Bill can be reached at [email protected].

What information should a bankruptcy attorney look over?

You'll disclose additional information that a bankruptcy attorney will look over carefully, such as your monthly expenses and prior property transactions. Throughout your case, the attorney is always considering whether the bankruptcy trustee —the person responsible for overseeing your matter—will suspect bankruptcy fraud. (Although fraud isn't a problem in most cases, a bankruptcy attorney's job is to steer a client away from problems, and therefore it should be—and usually is—the bankruptcy attorney's first concern.)

What do bankruptcy lawyers do?

You can expect that a bankruptcy lawyer will evaluate your financial situation and assess whether filing for bankruptcy makes sense for you. Specifically, bankruptcy attorneys determine whether you'll be in a better financial position after your filing and if so, help you get through the process smoothly.

What is the right to review fees in bankruptcy?

The bankruptcy law gives judges the right to examine the fees charged by attorneys and order them refunded to the trustee if they are unreasonable. To avoid being flooded with cases requiring a review of fees, some courts have enacted local rules or guidelines setting "presumptively reasonable" or "no-look" fee amounts. These are more common in Chapter 13 cases, but some courts have set amounts that apply to Chapter 7 cases. Different courts use different terms, but the effect is the same. If attorneys charge an amount equal to or less than the presumptively reasonable or no-look fee, the court usually won't initiate a review.

How much does an attorney cost?

Attorneys' fees vary by district and can even vary widely from state to state. Even so, fees ranging from $1200 to $2500 are considered ordinary. But don't be surprised if you find a lawyer to represent you for as low as $700.

What to do if you see a lawyer's advertisement?

If you see advertisements that promise unusually low attorneys' fees for your area, be on alert. The advertisements might be deceptive. The attorney might use an a la carte system to increase the quoted fee depending on the services you need. For example, the attorney might charge you more because you have more than a threshold number of creditors, your debt is over some predetermined limit, or you are filing jointly with your spouse.

How long can you pay off debt in Chapter 13?

An attorney will explain that you can spread out your overdue bills over three to five years in Chapter 13 bankruptcy and that your creditors won't be able to harass you during that time.

What is your marital status?

your marital status. the number of dependent children living in your home. your income (and the income of your spouse, if you're married) where you work. where you've lived for the past two years. whether you've filed taxes for the previous four years (this isn't necessary in every case), and.

How much does a lawyer charge for bankruptcy?

In general, attorney fees for a Chapter 7 bankruptcy range from $1,000 to $3,500 depending on the complexity of the case. Larger firms with more advertising and overhead costs sometimes charge more than a solo practitioner, but not always. Some larger operations offer low fees and count on a higher volume of cases.

How much does a chapter 13 case cost?

Chapter 13 guideline fees are different for each judicial district. However, they are typically between $2,500 and $6,000 depending on the complexity of the case. For instance, if you own a business, the case will likely require more work and justify a higher fee.

What happens if you file Chapter 7?

Chapter 7 wipes out most unsecured debt in a Chapter 7 case, including attorneys' fees. So if you had a balance due when filing the matter, it would get discharged. Chapter 7 attorneys know this, of course, and require full payment. Learn how to find a bankruptcy attorney.

Do bankruptcy lawyers charge hourly?

Other attorneys will charge you an hourly rate, although it's uncommon in consumer bankruptcy cases. The more likely scenario is for the attorney to charge a flat fee for the bulk of the matter. The lawyer will charge an hourly fee for any extra work required for services like defending against an objection to discharge.

Do you have to pay a bankruptcy attorney upfront?

Fortunately, most attorneys don't require you to pay the entire Chapter 13 bankruptcy fee upfront. In most cases, attorneys will ask for a portion of their fees before filing your matter, and the remainder will get paid through your Chapter 13 repayment plan. How much a bankruptcy lawyer will require before filing will depend on each attorney ...

Do bankruptcy attorneys charge flat fees?

Many attorneys, especially bankruptcy attorneys, will charge a "flat rate" to represent you in a bankruptcy case. You'll pay a fixed amount for the attorney to represent you, regardless of the amount of time the attorney spends on your case. Other attorneys will charge you an hourly rate, although it's uncommon in consumer bankruptcy cases.

Where is bankruptcy handled?

Bankruptcy is handled in federal courts , and rules are outlined in the U.S. Bankruptcy Code. There are various types of bankruptcy, commonly referred to by their chapter within the U.S. Bankruptcy Code.

What is bankruptcy in business?

Bankruptcy is a legal proceeding involving a person or business that is unable to repay their outstanding debts. The bankruptcy process begins with a petition filed by the debtor, which is most common, or on behalf of creditors, which is less common. All of the debtor's assets are measured and evaluated, and the assets may be used ...

What are the different types of bankruptcy?

While Chapter 7, Chapter 11, and Chapter 13 are the most common bankruptcy proceedings, especially as far as individuals are concerned, the law also provides for several other types: 1 Chapter 9 bankruptcy is available to financially distressed municipalities, including cities, towns, villages, counties, and school districts. Under Chapter 9, municipalities do not have to liquidate assets to repay their debts but are instead allowed to develop a plan for repaying them over time. 5  2 Chapter 10 bankruptcy, which effectively ended in 1978, was a form of corporate bankruptcy that has been supplanted by Chapter 11. 6  3 Chapter 12 bankruptcy provides relief to family farms and fisheries. They are allowed to maintain their businesses while working out a plan to repay their debts. 7  4 Chapter 15 bankruptcy was added to the law in 2005 to deal with cross-border cases, which involve debtors, assets, creditors, and other parties that may be in more than one country. This type of petition is usually filed in the debtor's home country. 8 

Why do businesses file for bankruptcy?

Businesses often file Chapter 11 bankruptcy, the goal of which is to reorganize, remain in business, and once again become profitable. Filing Chapter 11 bankruptcy allows a company to create plans for profitability, cut costs, and find new ways to increase revenue.

How does bankruptcy help the economy?

Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply cannot be paid while giving creditors a chance to obtain some measure of repayment based on the individual's or business's assets available for liquidation. In theory, the ability to file for bankruptcy benefits the overall economy by allowing people and companies a second chance to gain access to credit and by providing creditors with a portion of debt repayment. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations that were incurred prior to filing for bankruptcy.

What is Chapter 7 bankruptcy?

Chapter 7 Bankruptcy. Individuals—and in some cases businesses, with few or no assets—typically file Chapter 7 bankruptcy. It allows them to dispose of their unsecured debts, such as credit card balances and medical bills.

How long does a debt repayment plan last?

The repayment plans are commonly in installments over the course of a three- to five-year period. In exchange for repaying their creditors, the courts allow these debtors to keep all of their property, including otherwise nonexempt property. 4 .