Bankruptcy Lawyer - Tips to Finding a Good One

It's never a pleasant scenario that brings you to need the services of a bankruptcy lawyer. It could be that your home is being foreclosed on, or that you lost your job six months ago and finding a new one has been more difficult than you anticipated. Perhaps credit card debt has you in over your head. Whatever the case, finding a good attorney is going to be your primary immediate goal. Because of the economy, more people than ever have been trying to get out from under their debt burden by using the court system. This has brought the wolves out to play. To avoid these wolves and find a firm that has you best interests at heart, here are some tips you should follow.

Don't Waste Time
Finding yourself in financial trouble can be overwhelming. The first tendency many have is to bury their head in the sand and try to wish it away. Ignore those collection calls and toss out those threatening letters that come in the mail. This, of course, makes things worse. Don't make the same mistake when it comes to finding a bankruptcy lawyer. If you wait until the last minute, you'll be more likely to fall in the trap of accepting the first one that advertises in a way that gets your attention.

Go To Court
One of the best ways to observe a bankruptcy lawyer in action is to spend a day in court, watching them argue someone else's case. As a layman, you won't be able to decipher everything there is to know and you may not have any experience telling a good attorney from a bad one. All the same, you can get a feel for their personalities and see how they interact with the judge. You may also be able to spend a moment or two talking to their clients and you can ask them if they recommend their attorney for representation.

Make Personal Visits
Don't be afraid to take advantage of more than one free consultation. When you visit a law firm, you're looking for a few things. Of course, you'll want to see what the bankruptcy lawyer has to say about your case and you'll want to see how you get along with them and the staff. But you'll also want to pay attention to your surroundings. Does this look like an organized, efficiently run office? Impressions such as these can tell you a lot about the way a firm does business.

Bankruptcy Lawyer - To File on Your Own Or Not To

Because those facing bankruptcy are already in financial dishevelment, and there is no law dictating that you must use a bankruptcy lawyer when filing, it may seem sensible to file the procedures yourself. You, however, are advised to consider that, most likely, you would most likely not decided to fix your own roof, diagnose your own illness, or deliver your own child even though there are no laws stating that you cannot. Likewise, it is advised that you seek the advice and guidance of a professional. Handling the case yourself and seeking the knowledge of experience can mean the difference in escaping the trial with enough financial reserves to start anew and having an experience that is stressful and unsuccessful.

Another option for filing bankruptcy is to seek the services of a petition preparer. These are professionals who take your information and transfer it to the correct legal documents. The misconception amid bankruptcy filers is that these preparers have legal training. This is not the case. In fact, these professionals are little more than typists who legally only have to right to enter your information as you present it to them. They cannot give any legal advice or represent you in court, and the only option should legal questions arrive is to be referred to a practicing bankruptcy lawyer. Most filers will now find themselves paying for two separate services. Petition filers, without the advisement of an experienced lawyer, often give general information that results in the client making erroneous decisions, and it should be noted that any legal advice given by petition preparing services is considered practicing law without a license, and such a practice is illegal.

A skilled and trained lawyer is the best option for filing. A bankruptcy lawyer will guide you through the entire process beginning with reviewing your case and suggesting the pros and cons of your options. This area of law is a dynamic field in which the laws are constantly being reviewed and changed, and the upfront cost of an attorney will ultimately save you money as the assets and money lost by inadequate or even illegal advice of petition filers could be exponential.

Filing yourself or using petition services may be a better option if you have no assets or other interests that you stand to lose, but even in this case, it will behoove a filer to partake of the sound experience of a qualified professional.

Chapter 7 Bankruptcy Attorney - Explore Your Options

Filing bankruptcy is a last ditch option for many people who find themselves unable to pay off their debts and many use a chapter 7 bankruptcy attorney. Often the cause is due to a loss of job or unexpected medical expenses that can be financially devastating to a family quite quickly. If you have run out of options and are considering whether or not bankruptcy is the right option for you, here are some things to consider.

First bankruptcy is filed in federal court, not at the state level so it is not something that is easily undertaken without the assistance of a chapter 7 bankruptcy attorney.

The paperwork required to file bankruptcy is quite involved. And there are a lot of rules and regulations in place that can make filing a difficult process to go through if you don't fully understand what you need to file. For example the court will want to see a list of your assets as well as a list of your debts and living expenses to decide if you are a candidate for chapter 7 bankruptcies. If you forget to include a debt it won't be included on your judgment and even after your bankruptcy the undeclared debt will remain active. This is another reason why it is imperative to have the assistance of an attorney if you decide to file for bankruptcy.

Another factor to consider is the fact that not all types of bankruptcy are equal. If you file chapter 13 you will essentially be coming up with a court approved repayment plan to keep your debts and your assets while a chapter 7 will allow you to walk away from most of your debts depending on what they are. Some debts cannot be discharged including student loans, child support, alimony and debts to the IRS.

What debts that you can discharge and which debts you cannot discharge is the third factor that you need to consider. If your major debt won't be discharged in a bankruptcy, your attorney will advise you of this in the initial consultation and help guide you to other resources that may be more valuable to your circumstance.

If you are ready to act you need to make sure you have an attorney and you need to make sure that they specialize in bankruptcy law. Take advantage of your initial consultation to let your attorney know your debt amount and your income, what your assets are and why you feel you need to file bankruptcy. Your attorney can help you fully understand your rights under the law when you file bankruptcy, explain how long the process can take and help you decide if chapter 7 is the right form of bankruptcy for you to file.