"Bankruptcy"

Articles:

What is bankruptcy?

What has changed in the new bankruptcy laws?

Is bankruptcy right for you?

Bankruptcy FAQ

How to find a bankruptcy lawyer

How to choose a bankruptcy lawyer.

1. First, and foremost, remember you are the boss, not your attorney. You can choose whomever you wish and change attorney at any time so long as you comply with your agreement with your present attorney (assuming you already have one).

2. Look for an experienced attorney, not just with bankruptcy issues, but also preferably with foreclosures and collection issues. Most bankruptcy cases involve these issues and someone with experience with them can easily sort through things. You should not accept an attorney who handles only a few cases each year, as they will not be as up to speed with all issues. Look for someone who is experienced, but not too busy to give you the personal attention you deserve.

3. Insist on an attorney who answers all your questions in your own language. Nothing should be glossed over and you should feel informed and comfortable at all times. If a subject is treated lightly by your attorney, ask why. If they are going to fast, ask them to slow down. It is important that you understand what is going on in your case. Don’t be afraid to ask questions – its your right and your job to do so.

4. Get your attorney to give you written instructions. Most people quickly forget their rights and obligations no matter how simple or complex the case. Bankruptcy is a fairly complicated and complex matter, even for lawyers.

5. Insist that your attorney return your phone calls within a reasonable period of time. Lack of communication is usually at the top of the list of complaints about lawyers. Repeated unreturned phone calls could cost you your home, car or other important property through neglect. Bankruptcy cases, whether Chapter 13 or 7 require continuous and close cooperation and communication between lawyer and client.

6. Get your attorney to give you a fee agreement in writing. The agreement should contain exactly what is included in the fee and what is not. You should not take any attorneys word that the fees can be worked-out later. Ask the attorney to candidly discuss possible future fees for problems that may (and frequently do) arise during the course of a case. Ask if they will be including part of their fee in the plan. A fee taken in the plan is not merely an extension of time to pay your attorney. It may be a hidden cost, since the inclusion in a plan is not free in that the Trustee charges around 10% for his services in administering your case. Also, remember in most cases there will be amendments or responses to motions that need to be prepared and filed during your case. Ask if there will be any additional fees for these items.

7. Bankruptcy court rules require that all fees be declared to the court at the inception of the case, and must approve said fees upon confirmation of your case. You are entitled and encourages to request a description of all fees charged.

8. Finally, don’t be shuffled between attorneys, or to an attorney with whom you are not comfortable. You should not accept being represented by an attorney lower down the ladder than the person who you originally met with. Ask your attorney if they will be the one representing you throughout the case and the one who will be going to court with you. You want to ensure that you are being represented well and that the attorney handling your case can deal with any unforeseen problems and issues that may arise.