Important Factors to Consider When Hiring a Bankruptcy Attorney
Bankruptcy itself isn't the worst thing that can happen "things can always get worse" like hiring the wrong type of bankruptcy lawyer to handle your case. To ensure that your bankruptcy process goes as smoothly as possible, ensure that you avoid hiring an inexperienced lawyer by following these crucial tips.
Do Diligent Research
The first step to take when before you hire a bankruptcy attorney is to do some searching and asking around. Be sure you find a lawyer who truly understands bankruptcy law or what waits behind the bend can be nothing short of a nightmare.
What to Look for In an Attorney
Most bankruptcy attorneys may be are typically preoccupied with a heavy workload and they may not be able to listen (or pay attention) to all the details of your specific case. Additionally, the law tends to be slow. If you feel your lawyer isn't pursuing your case as quickly and efficiently as you would like, you will very likely become angry.
Due to the delicate nature of bankruptcy, you have to choose a qualified lawyer from among many who are inept to deal with bankruptcy cases. Inept bankruptcy attorneys will not be able to do justice to your case. To avoid going this route, ensure that you check the diplomas, degrees, certifications, and track record of the firm or attorney you decide to go with. Here are a few questions you should be able to answer:
1.) What is their experience in dealing with bankruptcies?
2.) How many bankruptcy cases have they handled?
3.) What has been the outcome of the bankruptcy cases your attorney has handled?
4.) What is your attorney's success rate?
While you could easily go off of the recommendations of referrals or friends who have also gone through bankruptcy, few of them are qualified to judge a lawyer's capabilities. Instead, it would be best to ask professionals in the legal environment for their opinions or to search the web for background information on the attorney or firm you wish to go with.
Additionally, you can go to court, read the schedules, and watch how a lawyer you have in mind performs in bankruptcy cases. You can learn a lot about the lawyer youd like to go with by watching him and listening to his reactions to your questions. It is perfectly all right to ask him about his experience in similar cases, about his working hours, and about how easily he can be reached with questions or for consultation. You will be better able to judge whether a lawyer is the right one for you after you've talked with him face to face.
Questions to Ask Your Lawyer
Once you have settled on an attorney, begin by asking him vital questions to your case such as:
1.) What is the most suitable type of bankruptcy for your particular situation? (There are eight different ways to file for bankruptcy and your attorney should be able to point out what suits your situation the best.)
2.) What items do you need (e.g. financial records, tax records, etc) do you need to proceed?
3.) What are the filing fees?
4.) What are your attorney's fees?
5.) How long will the entire bankruptcy process take?
6.) How long will a bankruptcy stay on your credit?
7.) How soon can you re-apply for credit?
Finally, you should be aware of all of the effects and consequences of filing for bankruptcy. Once you have filed for bankruptcy, your creditors will be notified by the court and will not be allowed to contact you or attempt to collect payments. Next, the court will set a date for a hearing. The details of how the case proceeds depends greatly on the type of bankruptcy you have filed for.
It is important to realize that you are the principal participant in the case, so you must follow the case carefully and be prepared for whatever happens. Your lawyer is secondary and can only recommend your next course of action.
Do Diligent Research
The first step to take when before you hire a bankruptcy attorney is to do some searching and asking around. Be sure you find a lawyer who truly understands bankruptcy law or what waits behind the bend can be nothing short of a nightmare.
What to Look for In an Attorney
Most bankruptcy attorneys may be are typically preoccupied with a heavy workload and they may not be able to listen (or pay attention) to all the details of your specific case. Additionally, the law tends to be slow. If you feel your lawyer isn't pursuing your case as quickly and efficiently as you would like, you will very likely become angry.
Due to the delicate nature of bankruptcy, you have to choose a qualified lawyer from among many who are inept to deal with bankruptcy cases. Inept bankruptcy attorneys will not be able to do justice to your case. To avoid going this route, ensure that you check the diplomas, degrees, certifications, and track record of the firm or attorney you decide to go with. Here are a few questions you should be able to answer:
1.) What is their experience in dealing with bankruptcies?
2.) How many bankruptcy cases have they handled?
3.) What has been the outcome of the bankruptcy cases your attorney has handled?
4.) What is your attorney's success rate?
While you could easily go off of the recommendations of referrals or friends who have also gone through bankruptcy, few of them are qualified to judge a lawyer's capabilities. Instead, it would be best to ask professionals in the legal environment for their opinions or to search the web for background information on the attorney or firm you wish to go with.
Additionally, you can go to court, read the schedules, and watch how a lawyer you have in mind performs in bankruptcy cases. You can learn a lot about the lawyer youd like to go with by watching him and listening to his reactions to your questions. It is perfectly all right to ask him about his experience in similar cases, about his working hours, and about how easily he can be reached with questions or for consultation. You will be better able to judge whether a lawyer is the right one for you after you've talked with him face to face.
Questions to Ask Your Lawyer
Once you have settled on an attorney, begin by asking him vital questions to your case such as:
1.) What is the most suitable type of bankruptcy for your particular situation? (There are eight different ways to file for bankruptcy and your attorney should be able to point out what suits your situation the best.)
2.) What items do you need (e.g. financial records, tax records, etc) do you need to proceed?
3.) What are the filing fees?
4.) What are your attorney's fees?
5.) How long will the entire bankruptcy process take?
6.) How long will a bankruptcy stay on your credit?
7.) How soon can you re-apply for credit?
Finally, you should be aware of all of the effects and consequences of filing for bankruptcy. Once you have filed for bankruptcy, your creditors will be notified by the court and will not be allowed to contact you or attempt to collect payments. Next, the court will set a date for a hearing. The details of how the case proceeds depends greatly on the type of bankruptcy you have filed for.
It is important to realize that you are the principal participant in the case, so you must follow the case carefully and be prepared for whatever happens. Your lawyer is secondary and can only recommend your next course of action.
[posted by : OFP on Jul. 08, 2010]
TAGS: bankruptcy, debt, attorney