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 ‘Free Consultation’
Bankruptcy Attorney: Questions To Ask
December 28th, 2009DWI Attorney – What to Look For in a Good DWI Attorney
November 18th, 2009
If you find yourself in legal trouble the best course of action is to enroll the help of a reputable attorney who knows the specifics of your type of legal case. When it comes to attorneys you will find them everywhere but one is not as good as the next. If you are looking for a good DWI attorney then there are some specific qualifications you want to find before you retain an attorney. It will have a significant difference in the outcome of your legal issues.
Look for a DWI attorney who specializes in DWI cases instead of an attorney who covers a multitude of different types of cases. They will have the details of each element in a DWI case including psychology, toxicology, blood alcohol limits, sobriety tests, and more. They will definitely be more expensive than working with a public defender but you will end up in a much better position at the end of the proceedings in the majority of DWI cases.
A DWI attorney is so well skilled in all the aspects of a DWI charge that they can scrutinize each and every point of the case. They look for errors that the police may have committed, intimidation that may have taken place, the arrest procedures, and other details that most of us wouldn’t think twice about looking over.
You should be able to communicate openly with your DWI attorney. They will help you prepare the best possible defense so don’t hide things from them. If you are facing a hearing with the Department of Motor Vehicles you want your DWI attorney to represent you. They can get your driver’s license privileges reinstated much sooner than you can do on your own.
It is very possible your DWI attorney can interact with the prosecution to get you a lighter sentence or even to get all the charges dropped. This type of situation really depends on the different charges against you and the laws in your state.
Before you retain a DWI attorney ask for a free consultation. During this appointment as them about their experience with DWI cases. Find out how many cases they have handled and what their track record is. You should do some investigating on your own as well. Check with the BAR Association in your state to see if there are any complaints against that particular DWI attorney.
Another area to consider is the ratio of the DWI attorney to their number of paralegals. If they attorney is quite busy they will have one or two assisting them on the cases. They are a very valuable resource in a good law firm and they do the majority of the ground work on your case.
Since a DWI conviction can be very expensive and cost you your driving privileges you need to have the representation of a good DWI attorney The money you spend on one will be well spent if you take your time to look for a good DWI attorney who can meet your needs.
By: Caleb Liu