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The Importance of a Good Bankruptcy Attorney

Posted on January 4th, 2009 by admin  |  No Comments »

anonymous asked:


When faced with a bankruptcy, having the best representation possible should be your first priority. There are many reasons why finding the best bankruptcy attorney that you can afford is important.

The two most important reasons are that, by not having the correct representation, you could still end up owing non-secured debts or may have your bankruptcy denied altogether. These can be powerful consequences that have the ability to affect your financial future for close to a decade. The right representation may mean the difference between a worry-free future or one filled with struggles that you cannot free yourself from.

During the bankruptcy proceedings, creditors could show up and ask the judge to exempt their debt from your bankruptcy. There are many reasons why a judge could decide that you should not receive your bankruptcy or that certain debts should be excluded, however, unless you purposely committed major fraud, most of the claims will be easily debated by a good bankruptcy attorney who has experience standing up for those who file.

After all, the last thing you want is to be accused of fraud just because you lost a job or had unforeseen medical expenses. A good bankruptcy attorney will know how to defend your bankruptcy claim against these accusations and get as much debt as possible included in your bankruptcy discharge.

Furthermore, since a bankruptcy attorney will know the laws regarding bankruptcy and will be very familiar with them, he or she is likely to do a much better job than you when it comes to defending your claim. Since bankruptcy laws can vary by state, it is important to seek local representation from a bankruptcy attorney that is also familiar, not only with federal bankruptcy laws, but with the bankruptcy laws of your state.

This may become an issue if you live near a state line. Many bankruptcy attorneys who live in such an area will be licensed in both states and know the laws on both sides of the state line, so don’t feel as if you have to confine your search to your state, if you can find better representation across the state line.

Remember, this is not a time to try and save money. If getting a better bankruptcy attorney means spending more money, do it! A high dollar bankruptcy attorney may be cheaper than losing your bankruptcy claim. Even if you currently cannot afford a great bankruptcy attorney, it may be worth getting a second job or asking a family member for a loan.

What is comes down to is that the quality of your representation can have an effect on how many creditors successfully contest your bankruptcy — and whether you even get a bankruptcy at all. Once you file for bankruptcy, you cannot file again for several years — even if your bankruptcy claim is denied.

That is the main reason why, if you want to get yourself out of debt, you need the best bankruptcy attorney that you can possibly afford. Settle for less and you may be costing yourself the financial break that you desperately need.



Bankruptcy Lawyers – How To Find a Reputable Attorney

Posted on January 3rd, 2009 by admin  |  No Comments »

Matthew Hick asked:


No one wants to file bankruptcy, but sometimes it’s only reasonable way to get past your mistakes and start over. Once you’ve made the decision to file bankruptcy, your first step is to find a reputable lawyer who understands your state’s bankruptcy laws thoroughly (since they vary greatly from state to state), as well as federal laws regarding the entire bankruptcy procedure.

Not taking the time to find the right bankruptcy attorney can cost you even more in time and money in the long run, so consider more than price when choosing who will represent you. Be sure the attorney you choose can:

-Explain the entire bankruptcy procedure in detail.

-Willing to walk you through each step.

-Clearly outlines what fees he charges, and what services are included for those fees.

-Can handle every aspect of your bankruptcy.

-Clearly understands all federal, state and local bankruptcy laws.

-Has provided a list of references for you to contact.

Once you’ve chosen a few lawyers to interview, comprise a thorough list of questions for them to answer. Don’t be shy. As them to explain anything that you don’t understand, and always double check their answers later to determine if they do indeed understand the bankruptcy laws you’ll be dealing with.

After making your final decision to hire one of the lawyers on your list, first ask them to make an evaluation to see if you really do need to file bankruptcy. Even if you have labored over your decision and feel that it’s the right one to make, let your new lawyer have a look at your financial situation to determine if bankruptcy is indeed necessary. He or she may know have knowledge of little known laws that could help you stave off this final step.

Next, be sure your lawyer clearly outlines their fee schedule. Be sure you have a completed list of the services they will perform for the fees being charged and always ask about any “extras” that may be tacked on. For instance, many lawyers charge a set rate for a specific amount of time, but once a client’s project goes over the allotted time, hefty additional fees may be charged.

Ask if there’s anything you can do personally to help lower his service costs. It may be possible for you to gather all of the information needed, and simply let your attorney fill out any paperwork, and file the necessary documents, saving him manpower and you money.

Filing bankruptcy can be an overwhelming experience. Be sure to hire the right lawyer that will help alleviate your stress and make the process easier and not add to your burden.