what not to tell your bankrupcy attorney

That said there a few things you should never say to a bankruptcy trustee:

• A debtor should never tell their bankruptcy trustee that they quit their job so that the creditors would not be able to seize their money via a wage garnishment . ...
• A debtor’s should never tell their bankruptcy trustee that they spent money before filing bankruptcy because they didn’t want their creditors to get it. ...

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.

How do I Fire my bankruptcy lawyer?

Let your attorney know you're unhappy. Most lawyers will try to understand and meet your expectations. But if your attorney doesn't have the level of competence required to handle your case, then it is time to fire your bankruptcy lawyer. If your attorney's performance is such that your case is suffering, look for these red flags.

Can I replace my bankruptcy lawyer?

If you must replace your bankruptcy lawyer, make sure to choose a bankruptcy attorney who can substitute in and handle your case effectively. When meeting with potential attorneys, give as much information about your case as you can and question the attorneys about their experience in handling similar cases.

Why hire an experienced bankruptcy attorney?

An experienced bankruptcy attorney will have handled many cases in the local bankruptcy court and be familiar with the trustee and judge appointed to your case. Most bankruptcy lawyers can spot issues that could raise red flags and will have a sense of how things might play out in court.

What can you not declare bankruptcies?

Debts Never Discharged in BankruptcyAlimony and child support.Certain unpaid taxes, such as tax liens. ... Debts for willful and malicious injury to another person or property.More items...

What can cause a bankruptcy to be denied?

5 Reasons Your Bankruptcy Case Could Be Denied The debtor failed to attend credit counseling. Their income, expenses, and debt would allow for a Chapter 13 filing. The debtor attempted to defraud creditors or the bankruptcy court. A previous debt was discharged within the past eight years under Chapter 7.

What cancels bankruptcy?

A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.

Is bankruptcy something to be ashamed of?

The good side of bankruptcy; nothing to be ashamed about Financial upheavals such as job loss, high medical bills, divorce, or small business failure can often lead to bankruptcy. But the negative association many people having when it comes to filing for bankruptcy often makes them feel ashamed or embarrassed.

Can I spend money after filing Chapter 7?

Frivolous spending after you file could put your case in jeopardy. Spending money willy-nilly after you file for bankruptcy could appear like fraud and upend your court ruling.

What debts are not discharged in bankruptcy?

Additional Non-Dischargeable DebtsDebts from fraud.Certain debts for luxury goods or services bought 90 days before filing.Certain cash advances taken within 70 days after filing.Debts from willful and malicious acts.Debts from embezzlement, theft, or breach of fiduciary duty.More items...•

What are 5 types of debt that are not dischargeable in bankruptcy?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

What do you lose when you file Chapter 7?

A Chapter 7 bankruptcy will generally discharge your unsecured debts, such as credit card debt, medical bills and unsecured personal loans. The court will discharge these debts at the end of the process, generally about four to six months after you start.

How often is Chapter 7 denied?

Frequency of Denial While some Chapter 7 bankruptcy cases are kicked out of court before discharge, statistics indicate that this isn't the norm. According to the U.S. Courts website, when Chapter 7 cases are correctly filed, they result in a successful discharge of debts more than 99 percent of the time.

How do you deal with stress in bankruptcy?

5 Tips for Dealing with the Emotional Stress of BankruptcyAcknowledge Your Situation. The first thing you should do is to acknowledge that your bankruptcy is going to be a stressful event in your life. ... Maintain an Exercise Regimen. ... Talk With Friends or Family. ... Talk With a Therapist. ... Develop a Financial Plan.

What is the stigma of bankruptcy?

There is a stigma associated with bankruptcy that implies some failing, flaw, and/or guilt on the part of the bankruptcy filer. of bankruptcy clients as lazy or dishonest or criminal is perpetrated. However, bankruptcy fraud is the exception and not the rule.

How do you cope with bankruptcy?

What to do after filing for bankruptcySave all paperwork from your bankruptcy case. ... Start saving money and build a budget. ... Reestablish good credit. ... Regularly monitor your credit reports. ... Maintain your job and home. ... Make an emergency fund. ... Think of your financial future.

Can Chapter 13 bankruptcy be denied?

Chapter 13 Can Be Denied if the Bankruptcy Process is Not Followed. Under relevant bankruptcy law, a debtor should enroll and successfully finish a credit counseling course from an institution approved by the United States Trustee's Office. Otherwise, it is likely the bankruptcy case will not push through.

Can Chapter 11 bankruptcy be denied?

While the Bankruptcy Court does not propose the plan or dictate its contents, the Bankruptcy Court can deny confirmation even if creditors vote overwhelmingly to approve the plan. If the creditors vote to reject the plan or the Bankruptcy Court denies confirmation, the debtor must begin again.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What percent of Chapter 7 bankruptcies are dismissed?

Because a chapter 7 discharge is subject to many exceptions, debtors should consult competent legal counsel before filing to discuss the scope of the discharge. Generally, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of chapter 7 cases.

What is Section 727 of the bankruptcy code?

Section 727 (a) (2) of the bankruptcy code, which reads: The court shall grant the debtor a discharge, unless … the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed, ...

Should a debtor tell their bankruptcy trustee they quit their job?

A debtor should never tell their bankruptcy trustee that they quit their job so that the creditors would not be able to seize their money via a wage garnishment .

How long is a bankruptcy consultation?

You have nearly always been provided with a questionnaire to complete for that first consultation meeting. It could be 4 pages long; it could be 20 pages long.

Do you have to disclose your name on a title?

If your name is on the title or deed to a vehicle or parcel of real estate, it must be disclosed. This is true whether or not you think it is “yours” or not.

Do you have to disclose property in bankruptcy?

All property owned must be disclosed. Common household items can be presumed at the initial consultation, although you will disclose at least their total value in the longer questionnaire your bankruptcy attorney will provide you after you’ve hired him or her.

2. Vehicles

Inform your attorney of all automobiles, motorized vehicles, boats, trailers, recreational vehicles, ATV’s, motorcycles, and watercraft of any kind. No matter if these items are paid for and you have a clear title or if you owe for them or they were gifts, no item is too insignificant to mention.

4. Inheritance

Inform your attorney of any potential inheritance so that they can properly advise you on how it will affect your case.

5. Cosigned Debts

Inform your attorney of any debts that you have cosigned with another party or any debt that someone has cosigned with you. If you do not inform your attorney of this if will have a negative impact on the other party.

6. Creditors

Make sure you provide your attorney with a complete list of all of your creditors. It is best to keep a good record of all of you debts. Credit reports are great resources but are not always a complete listing of every creditor you owe.

7. Income Sources

Provide information about all income sources in your household.

8. Transferred Assets

Provide information about any assets that you may have transferred or sold within the last several years. You will need to name the item, who you sold the item to and the value received, you may also need to provide information as to what you did with the proceeds.

9. Bank Accounts

You will need to tell you attorney about all bank accounts that you have and where they are held so that the he or she can properly advise you on how these accounts may be affected by your bankruptcy filing, if at all.

What Types of Bankruptcy Are There?

The United States Bankruptcy Code defines six types of bankruptcy. But, when filing for bankruptcy as an individual, cases often fall under one of two types: Chapter 7 or Chapter 13.

What Is a Bankruptcy Lawyer?

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 To Expect From a Bankruptcy Lawyer

A written agreement, or contract, between you and the lawyer. The agreement will likely include an overview of the lawyer’s work for you.

Do I Need a Bankruptcy Lawyer?

Representing yourself in court is an option. Whether it’s the right option for you depends on your situation. Keep in mind that you have better odds of a successful bankruptcy when hiring a lawyer.

How To File for Bankruptcy Without a Lawyer

You can file for bankruptcy without a lawyer and go pro se. Here’s how.

How To Find a Bankruptcy Lawyer

If you decide to hire a bankruptcy lawyer to handle your case, you’ll want to pick one who’s reputable and qualified. Here are some ways to find a trustworthy bankruptcy lawyer:

Seven Signs That Your Bankruptcy Attorney is Incompetent

Below are seven signs that your bankruptcy attorney is incompetent. If you notice any combination of these signs you may want to look for someone else.

Tired of Dealing With An Incompetent Bankruptcy Attorney?

If you are tired of dealing with incompetent bankruptcy attorneys and still need help, let us know. Call us or fill out our contact form to set up a free consultation. We enjoy helping people get a fresh start.

How much does it cost to file for bankruptcy?

Ask the attorney how much you will have to pay, in total. The court charges filing fees (currently $338 to file a Chapter 7 case and $313 to file for Chapter 13 bankruptcy; $335 and $310 respectively until December 1, 2020). You'll pay additional costs, such as administrative fees to the trustee in your Chapter 13 plan.

What are the exemptions for Chapter 7 bankruptcy?

Typical bankruptcy exemptions include some or all of the equity in your home, a car, your clothing, household furnishings, and the tools of your trade; to find out more about exemptions and look at the exemption list in your state, see In exchange, your debts will be discharged (wiped out), except for some types of debt that can't be discharged in bankruptcy, such as back taxes, child support, and student loans (in most situations).

How long do you have to pay back Chapter 7?

However, you must enter into a three- to five-year repayment plan to pay back some or all of your debts. Filers whose income exceeds the median income in their state and who have at least a minimum amount of disposable income each month after paying their reasonable expenses might not be allowed to use Chapter 7.

Why do you have to pay Chapter 7?

Chapter 7 lawyers require full payment to avoid having the balance owed discharged, making it uncollectable. By contrast, most filers pay less than the agreed amount to start a Chapter 13 case and pay the remainder through the repayment plan.

Do you pay fees for Chapter 13?

You'll pay additional costs, such as administrative fees to the trustee in your Chapter 13 plan. And of course, the attorney will charge you a fee to handle the case. The attorney will tell you what your fees will cover and how future services will be paid going forward.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. 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.

Can you use Chapter 7 or Chapter 13?

This requirement -- called the means test -- is intended to force filers who can afford Chapter 13 to use it. When you talk to a bankruptcy attorney, the attorney should be able to tell you whether you can use Chapter 7. If you can choose between Chapter 7 and Chapter 13, the lawyer should explain the pros and cons of filing each chapter.

What to do if your bankruptcy lawyer is not competent?

But if your attorney doesn't have the level of competence required to handle your case, then it is time to fire your bankruptcy lawyer.

What happens if my attorney doesn't show up for a bankruptcy hearing?

Your Attorney Misses Meetings or Hearings. If your attorney does not show up for scheduled appointments or bankruptcy hearings, it is a big red flag. Failure to appear at bankruptcy hearings can cause unnecessary delays or result in dismissal of your case.

What happens if an attorney doesn't answer your questions?

If your attorney repeatedly fails to return your calls or emails and keeps you in the dark about your case, you may be dealing with an incompetent attorney.

What to do if you need to replace a bankruptcy lawyer?

If you must replace your bankruptcy lawyer, make sure to choose a bank ruptcy attorney who can substitute in and handle your case effectively. When meeting with potential attorneys, give as much information about your case as you can and question the attorneys about their experience in handling similar cases.

What happens if my bankruptcy attorney isn't providing me with competent representation?

If your bankruptcy attorney isn't providing you with competent representation, it might be time for a new lawyer. Read on to learn more about the red flags that could indicate it's time to replace your attorney.

Why do you need an attorney for bankruptcy?

The purpose of hiring an attorney is to take the mystery out of the bankruptcy process and make sure that your case proceeds smoothly. It is your attorney's job to inform you of everything that you must do throughout the process. Failure to do so could indicate a lack of knowledge and competence.

Do you have to meet multiple deadlines for bankruptcy?

Bankruptcy filers must meet multiple deadlines after filing a case. These deadlines apply to: