Filing Bankruptcy? How to Select a Bankruptcy Attorney
When you find yourself in a financial crisis and other alternatives don't seem to provide a feasible solution, you should start considering filing for bankruptcy as a way to protect yourself and any assets you want to retain from your creditors. Just as important as this decision is selecting the right bankruptcy attorney. Most bankruptcy attorneys are associated with a law firm, so it is important that your investigation go beyond that of the individual alone.
Find an experienced bankruptcy attorneyBe sure to file with a lawyer who has years of experience working in the bankruptcy field, some law firms cover several specialties, rather than specializing in bankruptcy law. This can have a negative effect on your case if you present it to an attorney who only handles bankruptcy cases occasionally. Finding an experienced attorney who understands the bankruptcy code laws in your state to present your case will make a big difference in the outcome. Also make sure that the law firm or attorney can guarantee that your case will be presented correctly.
Find a lawyer with low fixed fees and payment plansThe attorney or law firm needs to understand that you have a big financial problem and may not be able to pay all of your fees, which can range from $ 700 to $ 1,700, depending on the state and city you live in. When you find an attorney who is willing to offer you payment options, it shows that they understand your situation and sympathize with the fact that you don't have cash.
Find an attorney who offers free bankruptcy consultations and evaluationsPersonal bankruptcy is one of the hardest decisions you will ever make, with so much pressure and harassment from creditors you may be experiencing that you don't want to worry about spending unnecessarily and a bankruptcy consultation should be free. Your attorney must put your needs first by providing a free evaluation of your current financial status. If the attorney you are contacting insists or refuses to waive your consultation fee, find another attorney. There are too many law firms and individual bankruptcy attorneys who are happy to offer free consultations - there is no need to pay for one.
Evaluate the lawyer and client relationship from the beginningShould you feel comfortable with your attorney, a good bankruptcy attorney will be able to guide you through this difficult time by not only providing you with the proper bankruptcy service you need, but also being understanding and understanding of your case. They should be able to relieve the pressure you are under and you should leave your office feeling comfortable with your decision to file for personal bankruptcy. Your attorney should also be willing to answer your questions, no matter how specific.
Don't worry about location and proximityWhether you file for Chapter 13 or Chapter 7 bankruptcy, you shouldn't limit yourself to filing with just any attorney because their office is 10 minutes from your home. We are in the age of information and electronic communication, and everything you need to present your case can be done electronically (email, fax, etc.) starting with your free evaluation. More cases are filing online with bankruptcy law firms across the country, remember you want the most experienced and inexpensive service, so don't overlook filing for bankruptcy online.
Credit report assistance after your bankruptcy liquidationMost likely, you will find that filing for personal bankruptcy begins to show its effects about three months after your discharge when you review your credit report and discover that you have accounts that are still labeled as delinquent, late, or in collection. Your bankruptcy attorney should be able to recommend a way to resolve these discrepancies that can certainly hurt you when you start rebuilding your credit.
Research your chosen bankruptcy attorney or law firmIt is important that you do a little research and verify the worth of your chosen bankruptcy attorney, one of the best sources of information for consumers is the Better Business Bureau website. Any business, company, corporation or law firm that cares about providing quality service is registered with the BBB. If your chosen attorney or law firm is not, at least gather a few references to see what level of service they have provided in the past. Remember that experience is important and the record the BBB will disclose about your attorney will give you peace of mind or make you think twice before hiring.
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What You Must Know About Choosing a Bankruptcy Attorney
Before consulting a bankruptcy attorney, it will be helpful to know that there are four main types of bankruptcy: Chapters 7, 11, 12, and 13. Only two, Chapters 7 and 13 are personal bankruptcy options. The remaining two forms of bankruptcy, chapters 11 and 12 and for corporations and agricultural purposes, respectively.
The first step you should take when choosing a bankruptcy attorney in the Kansas City area is to find out your attorney's practice areas. Some attorneys specifically practice in bankruptcy related matters. Other attorneys have a more general practice where they can cover several practice areas with bankruptcy as one of many.
Other attorneys may have a general practice, but want to prove bankruptcy due to recent developments in the economy. If this is the case and the lawyer is a solo professional, you will want to make sure to ask if the lawyer has a referral source through which he or she can get help regarding things that you may not know. The practice of bankruptcy law is extremely complex, and sometimes the slightest mistake can be the difference between whether the debtor receives a discharge or a case dismissed.
The next thing a potential debtor will want to know is what type of bankruptcy law the lawyer practices. Again, there are some attorneys who specifically focus on Chapter 7 bankruptcy work. Those attorneys may choose to focus on Chapter 7 work because it is less complicated than Chapter 13 work. Generally, Chapter 7 debtors do not They will have substantial assets and are procedurally less fragile than a Chapter 13. This does not mean that there are Kansas City bankruptcy attorneys, who focus on Chapter 7 bankruptcy, who take Chapter 13 cases.
Other valuable information that a potential bankruptcy debtor will want to discover is whether the attorney will appear with the debtor at the creditors' meeting. Once the paperwork has been completed and the documents have been filed with the Bankruptcy Court, the Western District of Missouri Bankruptcy Court will schedule what is called a 341 meeting.
This meeting is also known as "The first meeting of creditors". It will be the first opportunity for the debtor to meet with the bankruptcy administrator and confront creditors who want to prevent bankruptcy from happening. The attorney cannot meet anyone who wants to contest the debtor's discharge before the creditors' meeting.
If the debtor's attorney cannot appear at the creditors' meeting, a substitute attorney must be selected. A debtor who does not have an attorney is generally not a good idea because the administrator may want certain documents to be sent to the administrator's office within a short period of time, or the administrator may have more specific questions that the debtor cannot answer.
If this happened, the debtor would need an attorney there who has a copy of the bankruptcy petition. In general, when a debtor attempts to conduct a creditors meeting without the presence of an attorney, the debtor will not have all the information to adequately satisfy the administrator's queries.
The next thing a potential debtor will want to know when choosing a Kansas City bankruptcy attorney is what is included in the attorney's fee. This may vary from one attorney to another. In general, the attorney fee will be a fixed fee that will include the bankruptcy filing fee. Currently, this fee is $ 300. However, the list of attorney duties may vary. Some attorneys will cover everything from start to finish with the fee you pay.
Other attorneys may charge an additional fee if the petition needs to be amended or if the trustee requires meetings outside of the creditors' meeting. In general, these fees will be covered in the legal representation contract. If they are not, the potential debtor will want to discuss these matters with the potential Kansas City bankruptcy attorney.
Here are a few things a potential debtor will want to investigate when choosing a Kansas City bankruptcy attorney.
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