What Should I Look for When Hiring a Personal Bankruptcy Attorney
Written by Robert DeMarco
Bankruptcy is a process that many people go through at some point in their lives. It can be a complicated process to navigate, which is why it’s essential to have an experienced personal bankruptcy attorney by your side. When hiring a personal bankruptcy attorney, you should keep a few things in mind. Here are just a few of them.
#1. Determining The Types Of Bankruptcy Right For You
There are two types of bankruptcies and several other highly specialized types that can be used to address specific business situations.
Chapter 7 is one of the most common types of bankruptcy.
Chapter 7 bankruptcy allows an individual or company to liquidate nonexempt assets to repay creditors and eliminate debt. Once you file Chapter 7, all collections against you will cease, a meeting will be set with creditors, and your unsecured debts will be erased once you have met the requirements of bankruptcy.
You must pass the means exam. The means test assesses your income and assets as well as your expenses. You cannot have filed a Chapter 7 bankruptcy within the last eight years or a Chapter 13 bankruptcy within the previous six years to be eligible for Chapter 7.
- Check if your monthly income is lower than your State’s median income HTML3_. Most people pass the test to file Chapter 7 bankruptcy.
- To avoid your bankruptcy case being dismissed, this must be done carefully and accurately. You need to look at your expenses over the past six months to see if your income exceeds your State’s median. If your bankruptcy case is simple and you do not have legal representation, you can conduct the means-testing yourself. The means test can be initiated before you hire an attorney.
Chapter 13 bankruptcy is usually filed by people who earn a regular income but have overwhelming debt.
A repayment plan is established in a Chapter 13 bankruptcy. You can repay some or all of your creditors over some time. Although Chapter 13 bankruptcy filings can be more complicated, you may still be able to keep your house and car while you pay off your debts.
You must prove that you can pay off your debts, even incrementally, to qualify for Chapter 13 bankruptcy. To do so, you must:
- You must verify that you have filed income tax returns for the past four years. You may be allowed to file bankruptcy if you are behind on your tax filings.
- List all income sources to determine how much you can repay creditors and at what time.
#2. Create A List Of Bankruptcy Attorneys In The Area.
It can be overwhelming and stressful to face bankruptcy. It isn’t easy, but it is also crucial to finding a long-term solution. Psychologists understand the anxiety associated with “the first” step and suggest breaking it into smaller pieces. We recommend that you start by creating a list of bankruptcy lawyers.
It doesn’t need to belong. There may be more attorneys in the future. For now, you will need to know a few names. This gives you options and the confidence to move on.
#3. Do your research to narrow down the list.
Now you have a list of potential lawyers; it is time to refine your search. These are two essential research steps that will assist you in making an informed decision.
Check that the lawyers are licensed.
It is a great idea to ensure that your attorneys are qualified to practice law. Due to the nature and work of the legal industry, it is highly regulated. Only licensed attorneys can be declared if they have completed the required training and education.
It is essential to ensure that the attorneys are licensed. It doesn’t matter if Uncle Benny gives you the name of a college friend who went to law school. This does not mean that he can legally practice law or give legal advice. To remain licensed, attorneys must pay annual dues. They also need to continue their legal education. An attorney can be suspended or disbarred for severe offenses.
FightFraudAmerica.com is an excellent resource for checking the legal standing of an attorney. It links you to each State’s State Bar under the “Attorney License Verification” section. The search can be done by entering the first and last names. These results will show you whether or not the potential attorney is licensed and whether or otherwise there have been any disciplinary proceedings.
Ensure that they are knowledgeable in bankruptcy law.
The legal industry is much like medicine in that it employs both general practitioners and specialists. The distinctions between the two are not always clear. Most likely, a criminal prosecutor won’t handle your civil matter. A personal injury lawyer may not have the necessary experience to handle the complexities of bankruptcy law.
Check to make sure that the bankruptcy lawyers on your list practice bankruptcy law. Visit the website of his or her firm to verify. You will find their practice areas, education background, bar admissions, and relevant experience. You can also search for their names on LinkedIn to create a profile.
#4. Check For Quality Services Bankruptcy Attorneys
And The Price
A large part of choosing a lawyer to represent you is the fee charged by a law firm. You may already be in financial difficulties, and paying for the services of a lawyer can seem overwhelming. Most bankruptcy attorneys can understand your situation and provide comprehensive services at reasonable rates. You shouldn’t let the cost of a bankruptcy attorney be the deciding factor.
Most bankruptcy lawyers charge a flat rate, covering a range of legal services. It is important to understand which services are covered by the fee. These should be stated clearly in the retainer agreement.
A bankruptcy attorney’s hourly rate will vary according to location, expertise, and seniority.
#5. Attorney’s Availability
Determine which parts of your case the attorney will be dealing with. Who will prepare your petition? Ask how long it takes for your calls to be returned. The answer should be a factual one. A delay in responses can negatively impact your case.
#6. Experience & Credentials
Qualified bankruptcy attorneys will discuss their experience and expertise with you. Choosing a lawyer is an important decision, so feel free to ask them about any part of the process that may concern you. You should also ask about their legal qualifications.
The experience they have acquired through work or education and the types of cases they handle are essential information for you to know. Credentials are generally displayed on an attorney’s website and office.
#7. Situations Unique To Your Situation
One last thing to consider is any unique circumstances that may impact your case. For example, if you receive disability income, you will need to file for bankruptcy differently than someone employed. If you are filing for Chapter 13 bankruptcy, it is important to understand how this type of filing may affect your retirement benefits.
It is vital to work with an attorney who understands the complexities of your case and who can efficiently represent your interests. To choose the right bankruptcy attorney, it is important to compare several options, speak with each one about your situation, ask for references from past clients, determine an appropriate fee structure, and be sure you feel comfortable sharing information.
You can complete this process by creating a list of lawyers and contacting them on the telephone. It is also possible to request free consultations with bankruptcy attorneys.
#8. Make An Appointment.
Phone consultations are the fastest way to arrange a consultation. You can also fill out a form on the firm’s website to request a consultation. You can also fill out a “Contact Us” form on a firm’s website to get back to them later.
Communication between client and attorney is crucial. Legal concepts and terms can be challenging to comprehend. Ask your lawyer if they can provide an interpreter if you speak a different language.
#9. Preparation For The First Consultation
This will allow you to take advantage of the initial consultation. Before you schedule a consultation, here are some things to keep in mind.
- Keep your documents organized. It will make it easier to find the correct information quickly and efficiently in your office.
- Make sure you have all of your financial information. You will be asked specific questions about your finances in the waiting area, including loans, mortgages, spousal support obligations, etc.
- Make a list of questions you want to ask the attorney. For more information, see the following section.
- You must be mentally ready to answer all questions honestly and thoroughly. Lying to your attorney or omitting information could cause you to lose your case in ways that are beyond your control. Please don’t risk it.
- Prepare to discuss the costs. This consultation will help you determine the cost of your attorney’s fees.
- To record your learning, bring paper and writing tools. Use a pencil and a notepad. Your tablet and laptop should be left at home.
Ask The Right Questions.
The consultation is your chance to decide whether to hire an attorney. Here are some questions that you might want to ask during your meeting.
Experience Related
- Are you interested in handling my case personally?
- Are your bankruptcy clients primarily individuals or businesses?
- How has your experience been with bankruptcy cases similar to mine?
- Are there any other people in your company who deal with bankruptcy cases?
Cases Related
- Do I need to file for bankruptcy?
- What other options are there for bankruptcy filings?
- Is there anything that could be considered a red flag?
- What is the time frame?
- What are the most important deadlines for your project?
- What’s your overall strategy for me?
Related
- How can you reach your destination the most effectively?
- Who will be my companion to court?
- How can you keep me informed about the progress of the project?
Related
- What are your fees? How can you calculate them?
- Is there a retainer? Can it be refunded?
- Are your prices negotiable?
- Are you able to offer payment plans?
You should feel at ease with your attorney during the initial consultation. Although it may seem obvious, choosing an attorney who isn’t familiar with you or doesn’t care about you will not be a good choice. It is important to select an attorney you feel comfortable with and communicate with. Most people are emotionally involved in filing bankruptcy. It is important to feel confident about the attorney you work with. This is especially true if you’re filing Chapter 13 bankruptcy, which can last from 3 to 5 years. This means that no matter how skillful a lawyer maybe, if you feel uncomfortable during your first meeting, they probably aren’t the right lawyer for you.
Consumer Bankruptcy Lawyer in Plano, Texas
In case you are considering personal bankruptcy, it is essential to consult with an attorney who can help guide you through the process. At DeMarco Mitchell, PLLC, our attorneys have years of experience helping people file for bankruptcy and get a fresh start. We realize that it may be a tough decision, but we want to assure you that we will do everything possible to make the process as smooth and stress-free as possible. Contact us today at (972) 578-1400 for a free consultation to discuss your options.
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