How to Hire a Bankruptcy Lawyer

Deciding to declare bankruptcy is a very stressful process. Events which lead up to financial hardship or bankruptcy can be equally stressful. Because it's not a simple matter, the advice of an experienced bankruptcy attorney can be helpful in deciding how to proceed. So what should you be looking for when considering bankruptcy? Read on to learn how to hire a bankruptcy lawyer.

The first record of bankruptcy exists in Roman writings some 400 years ago. In 1883 the United States discontinued imprisonment over debt at a federal level.http://bankruptcyrep.com/the_history_of_bankruptcy.htm Since then bankruptcy has undergone many changes, reforms and amendments. It is no longer seen as a last breath but rather a new lease on the future.http://press.princeton.edu/titles/7159.html

Bankruptcy is a complicated legal and financial process with long-term ramifications. You'll want to hire an attorney who can help you decide if bankruptcy is the right course of action, and, once you've decided to proceed, will guide you competently though the process. You'll want to make sure you've hired an advocate who can steer you through the decisions you'll need to make with wisdom, compassion and expertise.

Step 1: Do You Need a Bankruptcy Attorney?

Did you know that there is no legal requirement to hire a bankruptcy attorney? In fact, you can prepare and file the paperwork yourself! However, there are also a number of risks to this strategy. You may save an attorney's fee, but you could make a mistake that costs you much more down the road. A mistake in filing can result in foreclosure, liquidation of assets that you thought were protected, the denial of your filing entirely, repossession, and possibly even criminal charges.http://www.uscourts.gov/bankruptcycourts/prose.html Filing for bankruptcy independently should only be considered by those without assets as the process is simplified. But for those with assets, the liability becomes much greater, calling for a higher level of legal advice and protection.http://www.forbankruptcy.com/Bankruptcy-Information/6-Most-Common-Mistakes-Made-When-Filing-Bankrupt.aspx

Another situation that might prompt you to hire a bankruptcy lawyer is divorce. The combination of divorce and bankruptcy can be complicated, and benefit from the advice of a lawyer who is experienced with divorce bankruptcy cases.http://www.moranlaw.net/familylaw.htm Bankruptcy lawyers are also more apt to be familiar with bankruptcy law than you are, so will ensure that you get the maximum bankruptcy exemptions that you are entitled to.

Step 2: Bankruptcy Lawyer Referrals

You will probably not want to get referrals from friends and neighbors for bankruptcy lawyers, the way you can for divorce lawyers. You can get lists of licensed attorneys in good standing from the various professional associations, however, which is a great place to start.

  1. Start with your state Bar Association.
  2. The American Bar Association has an online Lawyer Locater that you can use to find bankruptcy attorneys in your state.
  3. The National Association of Consumer Bankruptcy Attorneys(NACBA) has an Attorney Finder that will locate NACBA members in your state.
  4. Be prepared to interview prospective lawyers and ask questions until you have an understanding of what to expect.
  5. Make sure the lawyer you are considering has experience with unique cases like yours.
  6. Often times bankruptcy professionals will gain certification from organizations in this field such as the American Board of Certification. This is another way of finding a reputable lawyer.
  7. The lawyer you pick should be someone you feel comfortable with and can communicate well with.http://www.moranlaw.net/selecting.htm
  8. Look in your phone book for lawyers who specialize in bankruptcy. Note their caseloads, extent of experience and length of tenure. These factors will determine who is best suited for your situation.

Step 3: Interviewing Your Attorney

Although this is a stressful time in your life, you'll want to schedule appointments with several attorneys so you can personally assess whether they are a good fit for your needs.

  1. Ask about their experience. The more bankruptcy cases they've done, the better.
  2. Compare the fees. If they are much higher or lower than the average in your area, that's a red flag.
  3. Ask for references or testimonials from other clients. Many offices automatically will provide this information to new prospective clients
  4. Ask each attorney you meet with about the other attorneys on your list. They won't give you negative information, but if several say positive things about one of the others, that can be beneficial information to you.
  5. Find out about their case load. If they are inundated with business then chances are they will not give your case the full attention it deserves or requires. Beware of overburdened lawyers.
  6. Don't hesitate to ask how long they have been practicing. This will help you gauge their realm of experience and match up with the proper representation.
  7. Make certain that your bankruptcy lawyer is someone you feel comfortable with. You will be disclosing masses of confidential and personal information during the process, and being able to effectively communicate with your lawyer during this time can make a big difference.http://bankruptcy.lawyers.com/Bankruptcy-Preparing-to-Meet-with-a-Lawyer.html

Disclaimer

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.

How to Hire a Bankruptcy Lawyer Answers

  • Search for Questions

    Preview

References

Learn something new with our FREE educational apps!

Private lessons in the comfort of your own home. Get back in shape or finally pick up a guitar with our great experts guiding you the whole way!
Learn Guitar
Learn Hip Hop
Learn Pilates

Upload a picture from your computer

You can upload a JPG, GIF or PNG file. Do not upload pictures containing celebrities, nudity, artwork, or copyrighted images).

Specify an image URL

Image URL

Search

Type the image URL in the text field above and click 'Search'. Large images may take awhile to process.

Please remember that using others' images on the web without their permission is not very nice.

Crop this picture

Just click and drag on the image below to start cropping! Use the handles on the crop box to resize it.

Preview

Upload a picture from your computer

You can upload a JPG, GIF or PNG file. Do not upload pictures containing celebrities, nudity, artwork, or copyrighted images).

Specify an image URL

Image URL

Search

Type the image URL in the text field above and click 'Search'. Large images may take awhile to process.

Please remember that using others' images on the web without their permission is not very nice.

Crop this picture

Just click and drag on the image below to start cropping! Use the handles on the crop box to resize it.

Small Medium Large Full

Preview

Hotkeys