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.
By: Ian W Anderson
Posts Tagged ‘Bankruptcy Attorney’
Bankruptcy Attorney: Questions To Ask
December 28th, 2009Seeing a Bankruptcy Attorney Early Could Save Your Credit
December 18th, 2009
If you are no longer finding it easy to pay your bills and make both the ends meet, you may want to consider the bankruptcy option to protect yourself. Bankruptcy is designed to protect your assets and resolve your debt. The right bankruptcy attorney might, in many cases, be able to go a step further ahead and save your home and car.
Many people still believe that going ahead with their own bankruptcy filing is a better option. However, the reality is that hiring a personal attorney for bankruptcy need not cost a lot. Yet such an attorney would be well-positioned both in terms of legal knowledge and experience to maximize the protection of your assets.
Some reasons why you should see a bankruptcy attorney earlier that later are:
1. Attorneys stand a chance of protecting your interests and securities much better than you do. Bankruptcy cases are both complicated and stressful. A single mistake might lead to more-than-possible liquidation of your properties and assets and an experienced attorney should be able to protect you from such grave errors.
2. The bankruptcy attorney would dedicate to ensure your best possible financial future given the circumstances. Additionally you shall receive much-desired vital professional advice and information, relieving much of your stress.
3. Unlike ordinary people, attorneys deal with the law, and bankruptcy attorneys deal with bankruptcy cases every day. They would read much deeper into the situation than you at ease, and would also read your papers and find the best routes for you much faster than you can do it yourself.
A personal bankruptcy attorney does not need to be too expensive, and in the long run it works out better both in terms of time utilization and cost-effectiveness. And the return on investment for the attorney is usually extremely high. Hence it makes sense to visit a bankruptcy attorney earlier in your process of filing bankruptcy rather than later.
By: Bryan Adamson
5 Bankruptcy Questions To Ask Your Attorney Before Filing
December 17th, 2009
If you think that being bankrupt is the worst thing that could happen to you than think again! Yes you are right…Worst is yet to come, but of course you can control and eliminate that worst scenario by simply making correct decisions! Hiring a wrong attorney for filing your bankruptcy can be like a nightmare coming true!
So it is better that before hiring you do some research and make sure that you find an attorney who could really show you way attorney who could really show you way out from the bankruptcy mess!
Facts about selecting the Attorneys:
As most of the attorneys are usually overworked, they aren’t able to give ear to full details of your case. You may feel that your attorney isn’t pursuing your case the way you want him to pursue and ultimately you will feel irritated.
Many of the attorneys aren’t qualified enough to lead your bankruptcy case. So such attorneys don’t fulfill your expectations. Certificates are important indicators to judge whether the attorney is qualified enough or not.
Asking from friends won’t take you to any good lawyer, unless your friend has gone through filing for bankruptcy but it may be useful to take advice from legal professionals.
You can even go to a bankruptcy court and observe the attorneys there. Maybe during your observation, you will find some attorneys who are good enough for you.
Once you find the attorney, you can satisfy yourself completely by asking him the right questions. A short conversation can tell you a lot about the attorney you have chosen. You can ask him about his expertise and his working and consultation hours. After conversation, you can evaluate the attorney to see if that attorney is really right for you or not!
Once you select the attorney, you must discuss with him what type of bankruptcy should you file? There are eight different types for filing bankruptcy. You attorney can best point out which type suits you for filing bankruptcy.
Secondly, you need to ask him how you can file for bankruptcy. You have to file for your bankruptcy in the state where you are living. The Attorney can prepare the necessary paperwork that would be needed to present to the courts.
Thirdly, you must know the fees that are involved in the filing for bankruptcy. The total fees will comprise of the attorney’s fees plus the court fees that you need to submit to file for your bankruptcy.
Fourth, you must know where you should file your bankruptcy claim. You need to consult your attorney on how to get there and what documentation is required.
Finally you must know the after effects of filing for bankruptcy. As soon as you file for bankruptcy, creditors will receive notification from the courts and will not be allowed to contact debtor for payments. A hearing in court will be set. The case will proceed depending on type of bankruptcy filed.
Remember that this is your fight, so you have to be really involved in it and follow the case. You just cannot leave everything on the attorney!
By: Darnell Scott