Questions to ask your Bankruptcy Lawyer
Filing for bankruptcy is an overwhelming process and there are many factors to take into consideration. While it is not intended to be a difficult process, the stress of dealing with debt collection agencies or creditors can send you to the edge. While you can navigate the whole process by your lonesome, it’s recommended that you hire a bankruptcy lawyer.
There are many lawyers who give free consultation and hence you can determine with whom you can comfortably work with. Having someone on your side to deal with the burden of dealing with creditors will increase the chances of a successful case.
So how do you decide who is qualified and what you can expect from the attorney? Here are the five questions that you should be prepared during your initial consultation.
Should I file for bankruptcy?
This is something you should talk about with your lawyer and spend some time on. As the process itself is very involved, there are a lot of grounds that you will want to uncover in your first meeting. So you should be able to decide and work with your lawyer and he should suggest what the best route is for you to take. Based on your situation, the attorney should be able to also recommend whether Chapter 7 or Chapter 13 bankruptcy is best to proceed with.
What are the negative aspects of filing for bankruptcy?
You need to be fully aware of the consequences before you file for a bankruptcy. Filing for bankruptcy does not mean you are free and clear of all debts. A good attorney outlines the potential impact that you might face. He should also be able to compare the effects of not filing a bankruptcy at all.
How much of your practice is devoted to bankruptcy practices?
When it comes to bankruptcy, experience matters. Ideally, you would want to consider an attorney who devotes 50% of their practice to bankruptcy cases and has been practicing for more than three years. Lawyers who have dealt with many cases would tend to have a strong network with local trustees and be aware of procedures.
How much does the attorney charge?
It may seem the question is little far fetched but its better to ask beforehand. Fees can vary from hourly to flat rate. Ideally, the fee should cover the attorney fee as well as the federal filing fee and should also specifically mention the two fees distinctly.
Who will be in charge of the case?
Many times it happens that the lawyer you are communicating with is not the one who would be representing the case in the court. Usually bankruptcy lawyers work in teams and they hand over the cases to paralegals or associates and a lot of the time the attorney does not accompany you to the court. If some other attorney is presenting your case, you can request a meeting with him to be clear about the details of the case.
There are many considerations to keep in mind when it comes to filing for bankruptcy. A good lawyer would have witnessed several cases and will help you by giving a clear understanding of the whole process specific to your situation.
Featured Image: twitter
Read More >>
