what to avoid when looking for a bankruptcy attorney

There are so-called “bankruptcy mills” that handle large numbers of cases without focusing on the specifics of each client’s case. Avoid attorneys with such an assembly line approach. There are also “petition preparers” who are not qualified attorneys and will just fill out the bankruptcy paperwork for you.

Full Answer

What do I need to know before hiring a bankruptcy attorney?

Apr 05, 2022 · What to Look for & Avoid in a Bankruptcy Attorney. By Behm Law Group, LTD. Share: When you’re facing an overwhelming amount of debt, it can affect many aspects of your life. Fortunately, filing for bankruptcy is an option that has allowed many people to gain a fresh financial start. However, this is a complicated legal process, and making ...

How do bankruptcy attorneys file bankruptcies?

Jul 07, 2021 · There are numerous lawyers, and getting a legitimate one could be a hectic job; if, by any chance, you want to land the best bankruptcy lawyer, here are a few common mistakes you should avoid when choosing one. Not Asking How Long They Have Been Practicing bankruptcy law. Knowing the lawyer’s experience before hiring them is an actual act.

Why do I need a bankruptcy lawyer?

The Lawyer Asks You to Lie. You should never trust or hire a bankruptcy lawyer who tells you to lie in your bankruptcy case. Since you have to mention all of your income streams and assets when filing for bankruptcy, a bad lawyer might suggest you to keep some or all of your assets concealed from the trustee. However, this is not a good practice, and you can get prosecuted …

Can I file for bankruptcy without an attorney?

Jun 07, 2021 · There are some basic attributes you should consider in hiring a bankruptcy attorney. Bankruptcy experience. The first attribute that should be considered is bankruptcy experience. Even though any ...

What should you not do before filing bankruptcy?

Should you seek legal advice when filing for bankruptcy?

How do I prepare myself for bankruptcy?

Which of the following can not be discharged by filing bankruptcy?

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

What are the 3 types of bankruptcies?

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

What assets can you keep in Chapter 7?

Can I spend money after filing Chapter 7?

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

Does bankruptcy clear all debts?

Which types of debt will not be eliminated in bankruptcy?

How to get a bankruptcy attorney?

Step 1: Remember that you are the client. You are hiring the bankruptcy attorney. They work for you and represent you in this legal process. Stop thinking you hope the attorney will accept you as their client. Remember, you have the power to make the best decision about who you want to represent you.

How to contact a bankruptcy lawyer?

Filing bankruptcy can be tricky, but the hardest part is often finding the best bankruptcy lawyer for the job. Free Debt Analysis. Contact us at (800)-810-0989. You’ve run into a financial jam. You’re looking at all your debt relief options and trying to decide how to tackle your problem.

What to do if you wait to file bankruptcy?

If you’re going to wait to file bankruptcy, ask the attorney if you can pay them each month to represent you until then. If collectors drive you crazy, you can then direct them to the attorney representing you instead of dealing with them yourself.

Why don't people file bankruptcy?

They don’t want to file bankruptcy because of assumptions they hold, opinions of others, or information they read online.

How to get out of bankruptcy?

Start being proactive and hunting for a solution. Consider bankruptcy and see if it is right for you. Stop being run over by the debt bus and start driving it. Remember, you are hiring the attorney. You are the client. You should be treated with professionalism, kindness, and respect.

What to say when meeting with an attorney?

When you meet with each attorney, keep your background information succinct, but be honest when describing your current situation and your goals. Do you want to buy a house, save for retirement, or build your emergency fund later? Are you looking to discharge student loan debt?

What happens when you are in the middle of a financial situation?

When you’re suffering in the middle of a financial situation, your emotions will run wild and you may struggle with your mental health. Panic can often be moments away. Fear and concern influence the decisions you make.

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.

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.

Four things to look for in a bankruptcy attorney

When it comes to picking a bankruptcy lawyer, there are a few things to consider. In addition to the lawyer being professional, treating you with respect, and giving you a positive feeling when you meet with them is also important.

Nine benefits of hiring a bankruptcy attorney

An attorney can assure you that everyone concerned can handle the complicated situation surrounding the debt settlement process with sensitivity. The lawyer will quickly propose a solution to your problem to resolve the legal issues.

Conclusion

When your debt position is desperate, you have no choice but to file for bankruptcy. However, because bankruptcy entails sophisticated legal proceedings, you should seek the advice of a bankruptcy professional. In the United States, federal statutes govern bankruptcy procedures. As a result, choosing the correct bankruptcy attorney is crucial.

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 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.

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.

What to do if you are not comfortable with bankruptcy?

If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process. Talk to a Bankruptcy Lawyer.

What is a good bankruptcy preparer?

A good bankruptcy petition preparer will have up-to-date bankruptcy computer software that will generate the documents quickly and relatively easily. And most bankruptcy petition preparers charge low fees, especially compared to lawyers.

Why do some bankruptcy attorneys limit their practice to Chapter 7?

As a result, some attorneys limit their bankruptcy practice to Chapter 7 because they feel they are not qualified to handle Chapter 13. And, an overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court.

Why do you file Chapter 13 instead of Chapter 7?

You might want to file a Chapter 13 bankruptcy because you wish to catch up on mortgage arrears, get rid of your second mortgage, cram down (reduce) your car loans, or pay back nondischargeable priority debts, such as back taxes or support arrears. Or maybe you make too much money to qualify for a Chapter 7 bankruptcy. No matter your reason, most Chapter 13 cases are too difficult to file on your own.

How long before filing bankruptcy can you charge a luxury item?

You charged a luxury item less than 90 days before you filed for bankruptcy.

What are homeowners association dues assessed after filing for bankruptcy?

homeowners' association dues assessed after filing for bankruptcy. retirement plan loans. money borrowed to pay off nondischargeable tax debt (for instance, the credit card debt incurred after using your account to pay a tax bill), and. debts determined nondischargeable in a previous bankruptcy.

Do you have to file bankruptcy papers?

Also, you must file the bankruptcy papers yourself and represent yourself in court. In other words, you are responsible for your case. You act as your attorney and use the bankruptcy petition preparer as a typing service that transposes the information you give them onto the official forms.