Sep
30
Deciding to file for bankruptcy can be a challenging process; it is unfamiliar, difficult to understand and stressful . For these reasons, it is vital to understand what questions will help you find a skilled bankruptcy attorney to guide you through the next few months.
The questions below offer a great place to start thinking about what you should discuss with an attorney. This is by no means an exhaustive list of questions, just a few important ones to help you begin thinking in the right direction.
How Much of Your Practice is Devoted to Bankruptcy?
What you want to know is how long the bankruptcy attorney has been practicing and how many bankruptcy cases he or she handles. One attorney can be practicing for more than 20 years, but only handled a couple bankruptcy cases; while another may have only been practicing three or four years but focuses only in bankruptcy. Bankruptcy law changes often and you need someone who is familiar with what is happening in your state and any recent changes in the bankruptcy law. Make sure bankruptcy cases make up a significant piece of his or her practice, and that the attorney normally represents debtors and not creditors.
Should I File Bankruptcy?
While the bankruptcy attorney may not be able to give a total answer until he or she takes a closer look at your situation, this question will give you insight into how the attorney thinks and explains information to his or her clients.
The bankruptcy attorney should always be able to explain the following issues to you during your meeting : the differences between a Chapter 7 and Chapter 13 bankruptcy; the advantages and disadvantages to filing bankruptcy in general; and whether bankruptcy is the best option for your financial capabilities .
When discussing the differences between a Chapter 7 and Chapter 13 bankruptcy, the attorney should be able to explain whether a Chapter 7 or Chapter 13 best fits your situation. For example, Chapter 7 bankruptcy can eliminate most to all of your debts, while Chapter 13 can give you some time to redistribute your debt payments including if you have a delinquency on your mortgage or car payments.
How Do We Get Started?
Expect to give lots of information to the bankruptcy attorney. Find out how he or she plans to gather this information, either you will be filling out forms or taking part in in-depth interviews. Every attorney does it differently ; there is no right or wrong way to proceed as long as the information is gathered correctly. Don’t forget to ask about the best way to get a hold of the attorney – by email or phone.
Who Will Go to Court with Me?
This is another important question. Make sure that a bankruptcy attorney – not a paralegal – will go to court with you. As long as an attorney in the firm is familiar with your case, it should not matter who in the firm goes to the hearings with you. Emergencies happen to attorneys like they happen to you so if your attorney lets you know that someone else will be appearing with you at court, please try to meet the other attorney a day before the hearing.
What Is Your Fee and What Does It Include?
While many people ask this question first, don’t let it determine which attorney you hire . The old adage, “You get what you pay for,” most definetly applies here. Bankruptcy is a big decision and choosing a lawyer solely because he or she has the cheapest fee can backfire in the long-run .
Filing for bankruptcy is a lengthy and sometimes very challenging process; make sure to choose the best attorney to fit your needs. Find someone that you are comfortable working with and more importantly understands the specific needs of your case. If at all possible, never rush a decision on hiring an attorney .