What Should I Expect From My Bankruptcy Lawyer
Written by Robert DeMarco
If you’re considering bankruptcy, one of the most important decisions you’ll make is selecting a lawyer. But what should you expect from your bankruptcy lawyer? And how do you go about choosing one? This blog post will help answer those questions. Keep in mind that every case is unique, so these are just general guidelines. And if you have any specific questions, be sure to talk to your lawyer.
#1 Types of Bankruptcy Can You File
The first thing you should expect from your bankruptcy lawyer is a consultation to determine which type of bankruptcy will be best for you. There are two types of bankruptcies – Chapter 7 and Chapter 13.
Chapter 7 is a liquidation bankruptcy, which means the court appoints a trustee to sell off your assets to pay off your debts. If you have few assets and a low income, you may be eligible to file for Chapter 7 bankruptcy.
Chapter 13 is a reorganization bankruptcy, which means you’ll have to come up with a plan to repay your debts over a three-to-five-year period. Chapter 13 bankruptcy is best for people who have a regular income but are struggling to keep up with their payments.
Your bankruptcy lawyer will help you determine which type of bankruptcy is right for you.
#2 Explanation of What’s Exempted & What’s For Sale
During your initial consultation, your bankruptcy attorney will also explain which of your assets are exempt from sale and which are not. Typically, you’re allowed to keep certain property types, such as your home, car, and household goods. However, these exemptions vary from state to state, so be sure to talk to your lawyer about the specific exemptions in your state.
Your lawyer will also explain which of your debts will be discharged in bankruptcy. Typically, unsecured debts such as credit card debt and medical bills are discharged, but secured debts such as car loans and mortgages are not.
#3 Filing the Bankruptcy Petition
After you’ve decided to file for bankruptcy, your lawyer will help you file the bankruptcy petition. This legal document provides information about your case to the court. It’s important to make sure the information in the petition is accurate because any mistakes could delay or even prevent your case from being approved.
Your lawyer will also help you prepare for your creditors’ meeting, which is a meeting where your creditors will have a chance to ask you questions about your case.
#4 Helping You Through the Bankruptcy Process
Your lawyer will be there to help you and answer any questions you have throughout the bankruptcy process. He or she will also keep you informed of what’s happening in your case and what steps you need to take next.
Choosing a bankruptcy lawyer can be a daunting task, but it’s important to remember that you’re choosing someone who will be with you every step of the way. So take your time and do your research. And don’t hesitate to ask your lawyer any questions you have.
#5 Advice & Representation During Hearing
When you file for bankruptcy, it’s important to attend all of the hearings that are scheduled. Your attorney will help prepare ahead of time and successfully represent your interests at these meetings with creditors or other parties involved (including lenders).
Your lawyer will represent you once your case is approved during the hearing. This is a meeting with the judge where you’ll discuss your bankruptcy plan. Your lawyer will help you prepare for the hearing and will be there to answer any questions the judge may have.
Selecting a bankruptcy lawyer can be overwhelming, but it’s an important decision. By choosing a knowledgeable and experienced lawyer, you can feel confident that you’re making the best decision for your situation.
#6 Assisting In The Collection Of Paperwork & Records
Your attorney will walk you through the process and ensure that all of your records are collected.
It can be overwhelming to think about how much paperwork is involved in filing for bankruptcy, but having an expert on hand who understands every detail helps reduce any stress or confusion during this difficult time!
Above all, you can expect guidance, support, and expertise throughout the entire bankruptcy process. Your lawyer will help you understand your options, file the necessary paperwork, and represent your interests in court. He or she will also assist in collecting all necessary records and paperwork. By choosing a qualified bankruptcy lawyer, you can feel confident that you’re making the best decision for your situation.
#7 Meeting the Deadlines
Your attorney is there to help you stay on top of the deadlines in your bankruptcy case. They will guide what needs to be done, and they can also make sure that any early actions or decisions don’t come back at later stages when time limits are more strict.
It’s important for both parties involved with a bankruptcy proceeding-the client themselves as well as their legal representatives-to understand exactly where each deadline falls, so no one gets caught off guard by unexpected events down future paths.
A lawyer who has experience in the bankruptcy field will be well-acquainted with all the relevant deadlines, and they will work with their clients to make sure everything is filed on time. This will help reduce stress and ensure a smoother process.
#8 Reminder on Things to Keep in Mind
With years of experience in bankruptcy court, your attorney will know what works best for you. They also have the knowledge to help prevent common mistakes people make when they file their cases with professionals like themselves at law firms specializing solely in this subject matter area.
Bankruptcy law is complex, but you can feel confident that your case is in good hands with a good lawyer by your side. When meeting with your lawyer for the first time, be sure to bring up any questions or concerns you have about the process. As your case proceeds, they will keep you up-to-date on what’s happening and what you need to do next.
#9 The Bankruptcy Lawyer identifies changes in the Laws
Bankruptcy law is a constantly changing field. You must stay up-to-date with the most recent changes for your case to be as successful and painless as possible! Your attorney will help guide what documents are needed and how they should look when submitted, so there aren’t any errors or confusion on behalf of both sides involved in the case.
It’s crucial to have an attorney who is up-to-date on all the latest changes in bankruptcy law. They will help their clients understand how these changes may impact their case and what they need to do to comply with the most recent statutes. By having a lawyer who understands the ever-changing landscape of bankruptcy law, you can feel confident that your case is in good hands.
#10 The Advantage of Prior Experience
When you hire a bankruptcy attorney, they will be there for every step of your case. From the first day to its closing date, attorneys are trained and experienced in helping clients understand everything that needs to be known about their particular type or level within court proceedings to avoid missing any important deadlines along each processual stage if anything comes up during these times where someone might need some extra guidance because, frankly, no one knows how this works better than them. Only your legal counsel has got all answers!
When selecting a bankruptcy attorney, it is important to consider the lawyer’s experience in federal and state courts. An attorney who has experience in both courts will be familiar with the procedures and laws in each court system. This experience can be helpful when filing for bankruptcy because an experienced attorney will know which court is best suited for your case.
Bankruptcy Lawyers in Plano, Texas
If you are considering bankruptcy, it is important to understand what you can expect from your lawyer. Contact DeMarco Mitchell, PLLC today at (972) 578-1400 for a free consultation to discuss your options. DeMarco Mitchell, PLLC, has years of experience helping people through bankruptcy. We will work with you to develop a plan that meets your needs and helps you get back on your feet.
Related Articles
Related
Chapter 7 Attorney: A Guide to Navigating Bankruptcy and Choosing the Right Legal Representation
Chapter 7 Attorney: A Guide to Navigating Bankruptcy and Choosing the Right Legal Representation Are you considering filing for Chapter 7 bankruptcy? Navigating through the complexities of bankruptcy law can be overwhelming, but with the help of a knowledgeable...
Navigating Chapter 7 Bankruptcy in Texas: Key Roles of a Texas Bankruptcy Lawyer and When to Consult One
Navigating Chapter 7 Bankruptcy in Texas: Key Roles of a Texas Bankruptcy Lawyer and When to Consult One Are you grappling with overwhelming debts and contemplating bankruptcy as a possible way out? Are you unsure about the proceedings and when to take that pivotal...
Understanding the Different Types of Bankruptcy for Individuals in Texas
Understanding the Different Types of Bankruptcy for Individuals in Texas If you're struggling with debt and considering bankruptcy as a solution, it's essential to understand the different types of bankruptcy available for individuals in Texas. At DeMarco Mitchell,...