when should i see a bankruptcy attorney

by Prof. Omer Herzog 4 min read

What can a bankruptcy lawyer do?

A bankruptcy lawyer can help you plan for a future filing. A bankruptcy lawyer can help you prioritize the things that are important to you. If the house is most important, then in order to afford the house, perhaps a vehicle can be surrendered and a less expensive vehicle obtained.

Can a lawyer litigate bankruptcy?

An attorney who litigates but does not file bankruptcy cases may not see your bigger debt picture and say litigating the debt is best when the debt could have been wiped out with a lot of other debt had the litigating attorney been familiar with bankruptcy practice.

Do you know your finances are not what they should be?

You know your finances are not what they should be. You know that you are struggling to pay your bills. You know that, while you are current on your bills, there will be a disruption in your income coming. Sometimes even just getting older with the changes that aging brings. These are good times to be exploring options.

Do you know when you are struggling to pay your bills?

You know that you are struggling to pay your bills. You know that, while you are current on your bills, there will be a disruption in your income coming. Sometimes even just getting older with the changes that aging brings. These are good times to be exploring options.

Can bankruptcy help a car?

These are bad times to be talking with a bankruptcy attorney. Not because a bankruptcy attorney can’t help you. A bankruptcy filing can possibly help you.

Is bankruptcy for everyone?

Bankruptcy is not for everyone nor is it intended to be. But if you have debts, a thorough analysis of your finances should include a visit with an experienced bankruptcy attorney. The following two tabs change content below. Bio.

Can a debt consolidation company file bankruptcy?

A debt consolidation company may say that their solution is the best but they cannot litigate or file a bankruptcy case for you. An attorney who litigates but does not file bankruptcy cases may not see your bigger debt picture and say litigating the debt is best when the debt could have been wiped out with a lot of other debt had ...

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.

Can an attorney advise you on bankruptcy?

When the attorney has enough documented evidence to evaluate your case, he should offer advice on how to proceed. A good attorney does not always recommend filing bankruptcy.

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 ...

Can you file a Chapter 13 without a lawyer?

In a Chapter 13 case, things can get tricky. Not only must you meet with the Chapter 13 trustee, but you must present a Chapter 13 Plan which will be accepted by the Court. This is the part where most people struggle when filing without a lawyer.

How many people file for bankruptcy in Chapter 13?

Only about one in 50 consumers filing for themselves in Chapter 13, receives a discharge. Hire a lawyer and your chance for success is better than four-out-of-10. 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.

How much does a bankruptcy lawyer charge?

The standard rate for a Chapter 7 bankruptcy is $1,500 and $3,500 for Chapter 13.

Can a Chapter 7 trustee sell your house?

Not only that, completing the paperwork incorrectly can have disastrous results. It’s entirely possible that the Chapter 7 trustee can sell your house because of a paperwork error! Those types of mistakes do not typically occur when using an attorney, but occur frequently for people filing on their own.

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 to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

How difficult is bankruptcy?

In general, the difficulty of your bankruptcy will depend on: 1 the facts of your case 2 whether you file for Chapter 7 or Chapter 13 bankruptcy 3 whether the bankruptcy trustee will sell any of your property (an asset or "no asset" bankruptcy case) 4 if you own a small business, and 5 the involvement of bankruptcy litigation.

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, ...

Is bankruptcy easy to handle?

Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.

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 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 Role of a Bankruptcy Attorney?

Because the term “bankruptcy” conjures such terrible connotations, people often overlook the actual reason for filing: getting out of debt.

What Should I Look for in a Bankruptcy Lawyer?

Bankruptcy, like other legal issues, is a process, and if you want to succeed, you need to have an expert assist you through it.

Do I Require the Services of a Bankruptcy Attorney?

Consumers may opt to employ an attorney or represent themselves in bankruptcy, but as the statistics from the American Bankruptcy Institute shows, choosing an attorney has a significant benefit.

Is it Possible for a Consumer to Do This Pro Se?

It is feasible to file for bankruptcy pro se (on your own) and be successful if you have a lot of time, patience, and dedication, as well as a good knowledge of legal procedures and terminology.

Signs You Need a Bankruptcy Attorney

Financial hardship does not usually occur overnight or without warning. It’s typically a slow process, with numerous flare warnings appearing as the situation worsens.

How Much Do Bankruptcy Attorneys Cost?

The cost of a bankruptcy lawyer varies based on the kind of bankruptcy you select, the complexity of your case, and your location.

What do bankruptcy lawyers want to know?

Most times bankruptcy lawyers will want to see how much debt you have. They will also want to know what kind of debt you have for example, is it personal loans, tax debt, etc. If it is a personal loan your bankruptcy lawyer will want to know when the loan was taken out and how much. Further, your bankruptcy lawyer will want to know when the last time you made payments on your credit cards and how much you have charged within the last three months on any cards.

How long do bankruptcy lawyers look at tax returns?

A bankruptcy lawyer will usually want to see two years of tax returns if you have filed. The attorney looks at these returns to see how much income you have had and to make sure there is no other sources of income then what you have told him/her.

Can bankruptcy lawyers work electronically?

Last, but not least: location. Many bankruptcy attorneys can now handle most things electronically. If you are busy and want someone who will work with you by allowing you to send them documents electronically then make sure you find a bankruptcy lawyer that meets those needs. There are also bankruptcy lawyers that may travel to you! At our law firm we travel to you at no extra charge! We understand that many of our elderly or disabled clients usually have a difficult time traveling to us so this make it much more convenient. More and more legal transactions are taking place via electronic communication of various kinds. If this suits your needs, utilize the resource.

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