How Not To Make Common Mistakes When Hiring A Bankruptcy Attorney
Bankruptcy attorneys are some of the most important people you have when you are facing a financial dire situation. Sadly, many people these days make many mistakes when it comes to filing bankruptcy. Find out what pitfalls to avoid when looking for help.
You want to make sure you get an attorney who is in good standing with the Better Business Bureau or the state bar. Similarly, you want to be selective when selecting your lawyer because you want a competent, knowledgeable bankruptcy law professional.
Make sure the lawyer is aware of any pending bankruptcy cases that may be pending in your federal court. Bankruptcy cases are recognized by the U.S. court system and every party concerned in the case is notified, usually by a Power of Attorney. You don’t want your lawyer to overlook upcoming filings by trustees in bankruptcy court. When Hiring A Bankruptcy Attorney
While good, competent legal counsel can be vital, there are some mistakes that can be made when seeking the services of a lawyer. Here’s our list of mistakes to avoid:
o Be completely honest and open about your financial affairs. Facing the facts about your financial breakdown can go a long way in building a working relationship with your attorney and could possibly help your case. It is not uncommon for a bankruptcy lawyer to be astonished at the discovery of the truth by your creditors or the Trustee upon filing your bankruptcy case.
o Have the terms or conditions of your legal representation in writing. You should be aware of any possible fees and be able to refer to them for any sign a you are uncomfortable with.
o Be open and familiar with your present financial status. If your monetary status is going south, it may be because of mitigating circumstances. Bankruptcy lawyers are experienced at addressing these issues and taking measures to improve your odds for a successful outcome. When Hiring A Bankruptcy Attorney
o The bankruptcy process is not easy and is not for everyone. Be aware that bankruptcy cases can be lengthy. Successfully representing yourself in a bankruptcy case can be time consuming, but successfully representing yourself in a Chapter 13 case with a payment plan can be a laborious task. Your lawyer is there to help you in both.
o It is important that your bankers do not share information with creditors or anyone else into the filing or debtor’s rehabilitation period. If your bankers do not request that all debts remain unpaid, but only a fraction, they will become a source of distraction for your bankruptcy lawyer.
o If you are not entirely positive about a particular attorney, you might want to hold off until you have a chance to persuade the person you have chosen to work with. After your bankruptcy petition, be prepared to provide your financial data regularly for your lawyer. Be open, honest and come prepared to be patient when you meet with your attorney.
o If you have a lawyer you feel comfortable with and trust, don’t be hesitant to drop by for a consultation. Your attorney may offer you reminders by phone to discuss items that are still unsettled in your case. Or if your case is nearing completion, a free case review may present itself.
o If you have a question, be honest. If you have concerns about whether a certain debt will be discharged in a Chapter 7, be prepared to discuss it. An attorney will most likely answer any questions you have.
o When meeting with your attorney, bring one or two documents in addition to your monthly installments for your Chapter 13. Your attorney may request that all accounts be current on these accounts before the completion of your bankruptcy case, but you could potentially request otherwise. In addition, your attorney may decline any bankruptcy case where there are potentially hidden assets.
o Your bankruptcy attorney can only help you. As the legal representative for the case in question, your creditors will be informed by your attorney during your meetings. Do not worry too much about whether your attorney is privy to your financial and personal matters. He is in stiff competition with his law practice to see who can generate the most debtors in the shortest time.
Keep in mind, however, that your attorney cannot be held accountable by other professionals in bankruptcy. Attorneys cannot sell their client information to the creditors or any other source without the necessary waiver. If any lawyer (attorney) is found guilty of doing so, he may be prosecuted to the fullest extent of the law.