Patience Is a Virtue When Dealing With Your Bankruptcy Attorney

When a person is filing bankruptcy, their whole world seems like it’s going upside down. The only focus they have is on getting that bankruptcy discharge and getting the creditors off their back. During these stressful times many people continuously call their bankruptcy attorney with problems or to ask stupid questions. While they don’t believe the questions are stupid, in the big scheme of things they are wasting the time of the attorney. Overbearing clients can cause a rift between the bankruptcy attorney, the law office staff and the client.

The attorney knows the timeline that needs to be to get a successful bankruptcy discharge and usually is on top of things. It is best to let the attorney do their job and not bother them unless you are being harassed by creditors. If the bankruptcy has already filed and creditors are continuing to call, the individuals should call the bankruptcy attorney and make them aware of the automatic stay violations. Most of the time, a staff member from the law office will call the creditor and make them aware of the bankruptcy filing. This usually will stop them from calling.

Because of the relationship and the time frame it takes to file bankruptcy, it’s important that people need to take the time to look for a bankruptcy attorney that they get along well with. The entire process of filing Chapter 7 bankruptcy takes about 4 to 6 months of someone’s life. Because someone’s life is turned upside down, they are very hypersensitive during this time frame. If the person filing for bankruptcy finds an attorney they trust, they will be able to chill out and let the attorney do their job. If there is no trust or relationship there, the individual will try and micromanage the law office making everybody mad. This is not the way to have a successful bankruptcy filing. When someone becomes a problem, typically, the bankruptcy attorney will stop calling the individual back and the fight will be on. The old statement, patience is a virtue should be taken to heart because this process doesn’t happen overnight.

My personal belief is hiring a bankruptcy attorney should be looked at the same as putting a sports team together. If all the members don’t work together successfully, the outcome will be shown in the results. There will be important items that might slip through the cracks because the dynamic of the relationship has gone south. In today’s complicated legal system it is much better to rely on the expertise of a bankruptcy attorney then trying to go it alone. Try to keep in mind at all times the reason of why the attorney was hired in the first place.

Your Bankruptcy Attorney – Guiding You Through the Process

If you are in deep financial trouble and are thinking about filing for bankruptcy, then you should hire a knowledgeable bankruptcy attorney that can guide you through the entire process.

Here is what your bankruptcy attorney will do once you have contacted them.

Your Attorney Will Ask For All the Relevant Papers

You will first need to go for mandatory credit counseling six months prior to filing for bankruptcy.

The proof of that counseling, along with other financial papers (such as a list of all your debts, expenses, income and assets), will have to be provided to your bankruptcy attorney before they can proceed.

They will study your documentation and then advise you on the best way out of your financial predicament.

Your Bankruptcy Attorney Will Then Decide On the Relevant Chapter

Based on your financial records, your bankruptcy attorney will come to a conclusion as to which chapter is more suitable for your situation.

If you have exhausted your sources of income, then you might be advised to file for bankruptcy under chapter 7. If you have a reduced source of income and would also like to save most of your assets, then your attorney might advise you to file under chapter 13.

If you own a business and you want to continue running it, then you could file for bankruptcy under chapter 11.

Your Attorney Can Help You with the ‘Means Test’

If you are filing for chapter 7 bankruptcy, then your bankruptcy attorney can help you calculate your gross and net income for the previous six months. That income will be compared to the average median income of a similar-sized family in your town.

If you do qualify to file under Chapter 7 bankruptcy, then your attorney will coordinate with a trustee appointed by the bankruptcy court in disposing your assets in order to pay off your creditors.

If your income exceeds “means test” guidelines for qualifying filing a Chapter 7, then your attorney will now have to shift their attention to filing for bankruptcy under chapter 13, which requires a new repayment schedule.

This schedule will help you clear your old debts over a period of 3 to 5 years.

Your Bankruptcy Attorney Can Draw Up a New Schedule for the Court

If you need to file for bankruptcy under chapter 13, then your attorney can draw up a new repayment schedule and get it approved by the court after arranging a meeting with your creditors.

Once the repayment plan is approved, then you will need to start your payments according to that schedule.

Your Attorney Can Help You Avoid the Pitfalls

Filing for bankruptcy can be a complicated affair – and you will probably be too worried to be thinking straight.

An efficient bankruptcy attorney can calm you down and point out the pitfalls and advantages of filing for bankruptcy under different chapters after analyzing your case.

Hiring an attorney can save you a lot of time and effort. They will do the legwork involved to close your case at the earliest possible time.

An experienced, knowledgeable bankruptcy attorney is a vital asset to have on your side when you are facing financial difficulties and thinking of filing for bankruptcy.

Consult A Bankruptcy Attorney When Considering Chapter 7 Or Chapter 13

Nowadays, all you have to do is turn on the news and hear the bad economic news, with unemployment continuing to rise. Even though the government threw $1 trillion at the economy there has been no positive response. It’s no surprise that over 1.5 million people filed for bankruptcy in 2010 and those expected to file in 2011 will continue to rise. With all the alternatives to debt elimination being advertised, still the most popular to get rid of crushing debt, is to file Chapter 7 bankruptcy. Constant phone calls from creditors all hours of the day and night along with threatening letters, it’s easy to see why people choose bankruptcy to stop this madness.

For the individual that has had an unexpected financial catastrophe, like a job loss, illness or divorce, filing bankruptcy can help relieve some of the stress that the creditors are putting on them. Being in this situation is not fun and perhaps the day has come that you need to pick up the phone and call a bankruptcy attorney for a free consultation and see if you qualify for Chapter 7 or Chapter 13 bankruptcy.

It’s important to get all of your bankruptcy questions answered before filing, and that’s why individuals should get legal counsel. When consulting with a bankruptcy attorney, always be upfront when explaining your situation to make sure that the attorney understands the whole financial picture. When deciding on a bankruptcy attorney to hire, remember to find someone who has good references and extensive experience in bankruptcy law. With the downturn of the economy, there have been many lawyers who see the opportunity to make some money.

Usually, these attorneys have very little experience in bankruptcy law and your results may suffer. If you think this is an attorney that you might want to hire, go over the fee schedules and ask questions if there will be additional fees for preparing extra documents or amendments. It’s best to find out the total cost that you might incur by hiring this particular bankruptcy attorney. If you’re going to have to pay someone a couple of thousand dollars, don’t be afraid to take the time to make your decision, and even interview multiple attorneys if necessary.

After making the decision selecting your bankruptcy attorney, you will be responsible to gather a gaggle of information and take it to the attorney’s office. Many people that are filing for bankruptcy feel unnecessarily intimidated when they are required to go into the attorney’s office. People need to remember that they are the client and that the attorney works for them. Being afraid to ask all the questions you have might come back and haunt you after the bankruptcy is discharged. Leaving something out because you feel it’s unimportant or you don’t want to waste the attorney’s time, might be something that can change the direction of your case.

That’s why it’s important to select a personable bankruptcy attorney that is easily accessible and willing to answer all of your questions. One should also be comfortable with the attorney’s staff, as much of the time the individual will be dealing with attorney’s paralegal. Filing for bankruptcy can be a stressful time in your life, but finding the right legal help can make the process fairly quick and pain-free.

What You Need to Know About Bankruptcy Attorneys Before You Hire One

The function of good bankruptcy attorneys is to guide potential bankruptcy applicants through bankruptcy procedures and to act on their behalf in court. With the new amendments, good bankruptcy attorneys will also inform their clients about why certain legal loopholes no longer exist.

It is best to seek services of a bankruptcy lawyer if you are facing any difficulty in declaring bankruptcy and starting over again. Bankruptcy proceedings have to be initiated and proceeded in adherence to all relating legal laws and requirements. A bankruptcy attorney is best qualified to explain the finer details of bankruptcy issues to make concepts and procedures clear and simple. Such attorneys help to relieve you of the pressure and anxiety that arises when filing for bankruptcy proceedings. They help you to successfully complete a discharge of debts under bankruptcy code helping you with advice, support and also assisting you with all related legal formalities and paperwork. An experienced bankruptcy lawyer can relieve you of your debt problems and help you find a feasible debt solution without jeopardizing your home, vehicle, wages, retirement account and other valuable assets.

You may seek services of a bankruptcy attorney if you are facing any of the following problems:

· Tax problems

· Foreclosures

· Auto and truck repossessions

· Creditor harassment

· Lawsuits

· IRS wages garnishment

· Tax levies and seizure

It is common procedure to seek referrals from family and friends when looking to find a reliable attorney. However, this procedure may not be entirely advisable when looking for a bankruptcy attorney unless your friend has gone through a bankruptcy. Instead, ask for suggestions and reference from legal professionals whom you already know. Check if your attorney is certified by the American Bankruptcy Institute and also meets the required additional standards. Make it a point to personally check out your attorney’s law firm’s offices. You may not be comfortable dealing with an attorney having a completely disorganized office. Also, it is essential to look for an attorney with whom you are comfortable discussing your personal and financial problems.

Every state and city has a Bar Association, and the Association of Consumer Bankruptcy Attorneys is another good source. While narrowing down your final choice, ensure that the attorney is certified by the American Bankruptcy Institute, so that a reasonable degree of accountability is established. Finally, find out how many actual bankruptcy cases the attorney has handled in the given year, and how many of them yielded satisfactorily results from the client’s point of view.

Here are few factors to consider while selecting a bankruptcy lawyer:

· Check out and Compare profiles and credentials

· How experienced is the particular bankruptcy attorney

· How many bankruptcy cases the attorney has handled

· What is the nature of bankruptcy cases that he commonly handles, are they personal, consumer, or business filings

· Is the attorney willing to offer personalized services apprising you of the various procedures that are involved

· How comfortable are you with the attorney to discuss your problems

· How much access you have to your attorney during bankruptcy filing

· How much fee does the attorney charge, etc.

What to Look For in a Bankruptcy Attorney and How to Find One

Nobody wants to think about bankruptcy, but in these economic times, it may be a necessity for many. Although it may be painful to have to file for bankruptcy, but choosing the wrong attorney can make it even worse. The following are some tips on what to look and what to avoid when choosing a bankruptcy attorney.

Stay Away from Storefront Operations

If bankruptcy is imminent, then time is of the essence. Avoid the fly by night operations that advertise bankruptcy services at ridiculously low prices. Not only are these places likely to mishandle a bankruptcy, but added fees and services will make it much more costly than originally advertised. Look for a legitimate attorney that has years of experience in the field. It will be more expensive, but the bankruptcy will be properly filed and handled, which will save money, not to mention headaches in the long run.

Licensing

As with choosing a doctor, a good bankruptcy attorney should be licensed by the state bar. If they are not, then they are not authorized to practice law in that state. The state bar can provide licensing information, as well as any disciplinary action regarding an attorney.

Check with Agencies

There are agencies and organizations that have either worked with bankruptcy attorneys, or have knowledge of their experience. The American Bankruptcy Institute is a good place to start. The ABI is an organization the even Congress taps for their expertise. They may have information, or even members that are available for bankruptcy proceedings. Members of the ABI have had to meet additional standards beyond what the average bankruptcy attorney has met.

Legal Aid

Local legal aid organizations may be able to assist in finding a good attorney as well. In all likelihood they have worked with bankruptcy attorneys in the past and may be able to recommend someone suitable for a particular case.

Visit Different Attorneys

Many attorneys offer free or low-cost initial consultations. This is an opportunity to talk to the prospective attorney and assess if they are the right one for the job. Have a list of questions ready to ask the prospective attorney. Here are a few standard questions for any bankruptcy attorney. These certainly are not the only questions a bankruptcy attorney should be asked, they are a good starting point.

1. How many bankruptcies do you handle in a year? Will you have ample time for my case?
2. Will I be working with the attorney or an office paralegal most of the time? How much access will I have?
3. What is the process exactly?
4. How long will the process take?

Most attorneys will be happy to answer these questions. Those that will not, or give evasive answers are most likely too busy or inexperienced, and another attorney should be interviewed.

Bankruptcy is an unpleasant experience, but a good attorney can help mitigate some of the pain. Remember, many bankruptcies are little more than a restructuring, so it is not necessarily the end of the world. A poor attorney can make it seem that way though. Do the research, find a good attorney, and stay on top of the proceedings. Even the best attorneys can miss something, such as leaving out a particular creditor, so stay involved and request updates frequently. Working interactively with a good attorney will make the process go as smoothly as possible.