Experience Is Number One When Selecting A Bankruptcy Attorney

As the economy continues to spiral downward, many Americans are afraid they might be facing a bankruptcy filing in the future. None of the economic news that the media is putting out seems very promising. The perfect storm is being created because the government continues to print and borrow more money with the consequences of evaluating the US dollar. Many economists are predicting hyperinflation due to Keynesian economics the current administration is trying to unsuccessfully use to get out of trouble. Americans are now fearing that they may have to file for bankruptcy if things don’t get better. The credit card debt of the average American is now eight times higher than it was 30 years ago. With so many people surviving only on their credit cards, it doesn’t take a rocket scientist to figure out that many of these individuals will end up filing for bankruptcy.

The idea of filing bankruptcy sends chills down most individual spines. It’s really not as bad as what most people think as long as the debtor has the help of an experienced bankruptcy attorney. How do you find a quality bankruptcy attorney? It’s not a common topic at the dinner table as most people don’t want to accept the fact that a bankruptcy filing might be in their future. There’s also the pride thing. Many people that are struggling to make ends meet are embarrassed about their pending financial failure that they won’t ask for help. Filing for bankruptcy is not usually something that people want to share with their friends and family.

When looking for a bankruptcy attorney the most important thing that an individual should look for is experience. It’s just like finding a good surgeon, in most cases, the more surgeries they perform, the better they get at it. The more experience a bankruptcy attorney has, the odds are better that they will face different circumstances that allows them to have more knowledge of all areas of the bankruptcy code. Most attorneys try to practice in a specific area of the law that they excel at. Many specialize in Chapter 7 bankruptcy, working with families and individuals. There are others that make their forte, Chapter 13 bankruptcy, which is more geared around protecting real estate and property.

Since the changes to the bankruptcy code in 2005, filing bankruptcy has taken on a new complexity that should not be done without the help of a bankruptcy attorney. Although, the law allows for an individual to file bankruptcy pros se, it’s not advised. There are many landmines that someone could run into trying to do it on their own from filling out the petition all the way down to the timing of when to file bankruptcy.

When an individual considers filing for bankruptcy, if they don’t know an attorney, they should go consult with a couple of attorneys before they make their final decision. Finding the right bankruptcy attorney also includes the dynamic of the relationship. When a person is intimidated by their bankruptcy attorney, they can find themselves afraid to share everything with an attorney. It’s important to have an attorney that you feel comfortable with and not afraid to ask any questions. After the debtor finds a bankruptcy attorney that they feel comfortable with, they should make sure that an attorney has experience with the debtor’s specific situation. If there are no references for the debtor to check, they should check out the bankruptcy attorney online on sites like the BBB and the local state bar. bankruptcy might be the most important financial decisions in individual might make, that’s why a person should take the time to find the right bankruptcy attorney to take them through it.

Bankruptcy Attorney: Questions To Ask

If you have tried every way imaginable to avoid bankruptcy but find that you have no other way out of the situation, the first step you should take before filing is to consult with a bankruptcy attorney. A bankruptcy attorney can be hired or appointed by the court systems to help you through the court proceedings. If you decide to select your own attorney, make sure to select someone with previous experience in bankruptcy law, preferably someone who works specifically with bankruptcy.

No matter which bankruptcy attorney you select, you should always be prepared to ask the attorney questions regarding your own case. Here is a list of questions you should always ask your attorney to make yourself more aware of your bankruptcy proceedings:

* What type of bankruptcy is right for me?

Keep in mind that the Federal court system in the United States has eight different types of bankruptcy filing available. Of course the two most popular are Chapter 13 and Chapter 7, but there are a variety of different details and rules that apply to each type of filing. A good bankruptcy attorney will be able to sift through your financial difficulties and recommend the best type of bankruptcy for you.

* How do I file for bankruptcy?

Filing for bankruptcy will need to be done in the state where you currently live. If you plan to remain represented by a bankruptcy attorney, their legal staff can help to prepare all of the paperwork that is necessary to present to the court system. If you simply want to use the bankruptcy attorney for a consultation, make sure you don’t leave the attorney’s office without the necessary paperwork to begin the bankruptcy process.

* What type of fees will I owe?

This is important to ask in regards to your bankruptcy attorney as well as the court system. Most bankruptcy attorneys will give a free consultation but any remaining time on the proceeding or in court will cost a fee. Some attorneys charge by the hour while others charge a flat fee for bankruptcy services. As well, the court systems usually charge a court fee connected with filing the case, administrative charges and extra Chapter 7 fees to pay a trustee in charge of the bankrupt account.

* Where do I go to file my bankruptcy claim?

Bankruptcy cases are handled by the federal court systems in every state. This usually means that the bankrupt party will need to give the bankruptcy paperwork to the state courthouse, usually in a state’s capitol city. Your bankruptcy attorney should know the address and rules regarding whether or not paperwork can be sent by mail or if paperwork needs to be given in person.

* What happens after filing for bankruptcy?

Immediately after filing for bankruptcy, the court system will send out notification to creditors of the pending bankruptcy case. From this point on, creditors are considered to have a “restraining order” by the debtor and are not allowed to contact the debtor requesting payment. Depending on the type of bankruptcy, a hearing will be scheduled and deadlines will be set for creditors to file a claim and attend the hearing. Of course, all of the proceedings from here are dependent on the type of bankruptcy filed, so it is important to be in contact with your bankruptcy attorney who can more readily answer these questions.

What To Do With Bankruptcy Lawyers

The reasons why, if you are facing bankruptcy, you should only deal with specialist bankruptcy lawyers.

People who file for bankruptcy generally go through the unpleasant process only once in their life time. The experience is usually more than enough for the average person. The stages that lead up to bankruptcy can be totally traumatic, with pressure from all and sundry, and the feeling of failure that accompanies it.

Then one day the sickening realization begins to sink in that you are not going to make it and the protection of bankruptcy appears like a desert island in a choppy sea, and you can’t wait to swim there. But you need someone to throw you a life belt, and if you are wise or lucky, the person throwing a life belt will be a specialist bankruptcy lawyer.

Help! I’m drowning in spiraling debts. I need a lawyer, but not just any lawyer. I need a bankruptcy lawyer!

In an average lifetime, people usually have to deal with lawyers maybe four or five times. That should be enough for most of life’s challenges. Many people take comfort in the fact that they have a family lawyer, who they can call on to attend to simple legal issues. However this type of lawyer could deal the kiss of death for your bankruptcy. They will be emotionally and professionally ill equipped to handle your case, and the best piece of advice he or she can give you is “Go somewhere else.”

The reason for this short but meaningful suggestion is that they are well aware that in recent years practicing law has moved into specialist areas. There are lawyers who deal with criminals, there are lawyers who deal with corporate law, copyright laws and finance. Then there are bankruptcy lawyers.

As you find yourself swimming towards the island of bankruptcy protection, the last thing you need is a criminal lawyer inflating your life raft, or for that matter a lawyer dealing in corporate law or any other form of lawyer, apart from a bankruptcy lawyer. Only he or she has the specific information, experience and understanding to handle your bankruptcy filing and produce the best results on your behalf.

Once you have absorbed this fact, then you are now trapped on the desert island of bankruptcy with your bankruptcy lawyer. You have to provide them with all the information that they need. There are many people who, despite the fact that they are paying their newly found bankruptcy lawyer a very tidy sum to handle their case, they refuse to submit the full details of their financial situation. They are either embarrassed to find themselves in such a situation, while others foolishly try and keep some funds aside for survival purposes after the bankruptcy. Bankruptcy lawyers are no fools and they have a responsibility to the legal system, even more than they do to any specific client. If you find yourself in a situation where you have become insolvent, then it is in your best interest to come clean with your bankruptcy lawyer to the full extent of your financial affairs.
If all goes well, and your new found friend and specialist bankruptcy lawyer has handled your case efficiently and well, backed with all the accurate information you have provided, your bankruptcy will be behind you. You might even find yourself doing the back stroke to dry land of undischarged bankruptcy, safe and secure in the arms of your bankruptcy lawyer who will guide you there.

After that you will be on your own, protected from your creditors, older and wiser and ready to build your life and your credit rating from new.

Some Great Sources to Look Into When Finding a Reliable Bankruptcy Attorney to Hire

This article will give you some great tips on how to find a bankruptcy attorney for your company or simply for yourself. The reason why it is so important to find a lawyer that is well reputed and competent enough is because the legality involved in filing for bankruptcy is so complicated that you can never handle it on your own. Before you can even begin the process of filing for bankruptcy you need to find an attorney so that you have someone skilled enough in the legal field to give you important advices like do you even need to file for bankruptcy, if yes what type of bankruptcy you should file for and other such relevant questions. To find an attorney you can either look up the advertisements section or conduct a personal search of yourself. Looking up in the advertisement sections will only help you to find bankruptcy attorney but not help you in finding one with the assertion that that person is well worth the job.

The best place to find a lawyer is to ask other attorneys you may know to give you some recommendations. But always keep in mind that the field of bankruptcy is very vast with different specialized fields within it. When looking for a lawyer keep in mind that you should check out the specialized field in which that particular attorney is skilled in. But since all attorneys interact with each other in court rooms, any attorney can help you to find an bankruptcy attorney that is well reputed in his or her field. Therefore if you have any friends or relatives who are in the legal field they will surely help you get to some great sources to get a lawyer that you need. Another great source to look to find a lawyer is your bookkeeper or tax preparer. These two professionals also encounter attorneys in their work and thus are better able to help you to spot a lawyer of your choice.

The internet is always a great place to search for any kind of information which includes information about bankruptcy attorney. There are several websites that will give you complete lists to browse through to find a lawyer. The National Association of Consumer Bankruptcy Attorneys is also a great place for legitimate and authentic help to get in touch with a lawyer. This is a special body set up for all bankruptcy attorneys and works solely to help people protect their rights while also helping them to find an attorney that is best suited for their cases. They have extensive databases that are updated on a regular basis regarding all the information on each and every single attorney including all court appeals, opinions, and decisions. This is why the National Association of Consumer Bankruptcy Attorneys is a great place to begin your search for a lawyer.

Another great lawyer referral service that you can use to find a bankruptcy attorney is the American Bar Association. They too have a presence on the internet will complete updated information regarding all attorneys along with their contact numbers too so you can approach them yourself. When you find a bankruptcy attorney it is always advised that you take up their initial free consultation offer to personally meet up with them and get a feel of how they work. This will help you a lot in determining the future of your case and will help you to build a stronger financial future for yourself or for your company. Never rush through the process to find an attorney and always look carefully and closely before making your final decision because your whole future depends on it.

File Bankruptcy Under Supervision of a Bankruptcy Lawyer

Bankruptcy is a section in federal law that governs those laws and regulations pertaining to people who end up in so much debt that they cannot recover from it. This section of the federal law is designed to enable such people to recover from their debt and make a fresh start. This is done by giving them a longer time period margin in which they have to pay back all their debt and by even reducing the total debt amount by a certain percentage. All bankruptcy laws are distinguished from each other based on the chapters of the Bankruptcy Code in which they appear. There are a total of five chapters for all types of debtors and out of these five chapters three pertain to individuals. These chapters are Liquidation (chapter 7), Reorganization (chapter 11), and Reorganization (chapter 13).

Whether you are an individual or a business facing liens, lawsuits, repossession, wage garnishment, or foreclosure you should definitely hire a bankruptcy lawyer to help you solve your financial problems the efficient way. Finding a good bankruptcy lawyer is the first and most important step in this whole process. There are multiple resources that you can consult to find the perfect bankruptcy lawyer for you but always ensure that the lawyer you hire is from your area rather than any other area. This is because the laws and regulations differ from one state to another and only those lawyers who have been practicing bankruptcy cases in your area will be able to handle your case better. Therefore stick to the list of bankruptcy lawyers working in your state.

You can try getting a list of all bankruptcy lawyers working in your state from the yellow pages or through an online directory. Once you have tracked down a list run some preliminary background check to see which ones are the most reputed ones. The ones with most experience should be your first priority. Contact them and arrange for a free consultation session. If the lawyer does not offer a free consultation session then you should switch to someone else. These lawyers already charge a pretty high fee and since you are filing for bankruptcy it’s obvious that you do not have enough cash to just throw around. Therefore avoid the most costly lawyers and stick to the ones offering free consultation.

When attending your free consultation session always notice the lawyer’s habits. Lawyers who are keen about timings and are more organized can be trustworthy and reliable. Another important factor to look out for is how comfortable you feel with that person. Since you will be spending a great deal of time with that person in the future you need to ensure that the two of you click, understand each other, and you feel comfortable with him or her. Only then can you work well together. Always check out at least four or five bankruptcy lawyers before finally settling on one. Carefully planning all these things will help you find a good bankruptcy lawyer who will successfully take you through your case.

One last thing you should analyze is the size of the firm your bankruptcy lawyer is working for. Here the opinion of experts differs. Some people prefer hiring lawyers who work for really large and famous law firms whereas some people prefer hiring lawyers working for smaller firms. The problem often associated with big law firms is that they usually have so many cases lined up that they fail to give you the personal attention you need. On the other hand smaller firms have fewer cases and dedicate much of their time to it to ensure a strong name from winning those cases.