Would you feel at ease working with this person?<\/li>\n<\/ul>\n#1. Expertise and knowledge<\/h3>\n
Navigating the bankruptcy laws successfully necessitates a thorough understanding of the subject matter as well as the experience to know how to apply it. A faulty form or a missed deadline could result in the dismissal of your lawsuit. That is why finding a specialist is critical.<\/p>\n
\u201cUsing an attorney who is not specialized in bankruptcy can be quite dangerous because they may not understand how to interpret this intricate area of the law.\u201d \u201csays Dan LaBert, executive director of the NACBA. \u201cYou wouldn\u2019t go to a dermatologist if you had a heart problem.\u201d<\/p>\n
Inquire with the attorneys you contact about their specific expertise or background. Those who have received bankruptcy certification from the American Board of Certification have demonstrated that they know their way around the bankruptcy code better than the ordinary attorney. An attorney\u2019s membership in NACBA also indicates that he or she is committed to advocating for people going through bankruptcy.<\/p>\n
Inquire with the attorney you meet with how many Chapter 7 and Chapter 13 bankruptcy they\u2019ve handled. Also, keep in mind that a skilled bankruptcy lawyer will consider alternatives to bankruptcy with clients, such as credit counseling.<\/p>\n
#2. Compensation that is appropriate for your circumstances<\/h3>\n
There is no \u201ccorrect\u201d amount that a bankruptcy attorney should charge, however in general, a Chapter 13 filing will cost more than a Chapter 7. Fees vary from case to case and from state to state.<\/p>\n
LaBert estimates that a Chapter 7 bankruptcy attorney will cost between $500 and $3,500, while a Chapter 13 bankruptcy will cost between $1,500 and $6,000, respectively. The more intricate the matter, the more expensive it is going to be. During your initial conversation, inquire about the attorney\u2019s pricing structure and ensure that you understand what services are included.<\/p>\n
According to California bankruptcy attorney Cathy Moran, the most important thing is to make sure you\u2019re receiving your money\u2019s worth for your individual case. \u201cYou need to know what\u2019s at risk for you when you choose a bankruptcy counsel,\u201d Moran adds. \u201cIf you have few assets and don\u2019t have much to lose, a Smart Car or Ford Escort is a good choice.\u201d But if you have a property with equity or a dispute with someone terrible, you need an Audi or a Lexus \u2014 you need some horsepower.\u201d<\/p>\n
#3. Communication and compatibility<\/h3>\n
Before you engage an attorney, consider whether you feel comfortable being candid with him or her.<\/p>\n
\u201cI believe that the quality of communication is vital because if you don\u2019t feel comfortable\u2026 revealing what you\u2019re worried about if you hold secrets, it will be a deal killer for your case,\u201d Moran explains. Moran claims that she would \u201chave no means of knowing if my and your judgment of the scenario is correct\u201d if she did not have all of your information.\u201d<\/p>\n
You and your bankruptcy attorney have a big job ahead of you: making sure you get the finest deal possible for your situation. That will need difficult conversations, and a commitment to open communication will be beneficial.<\/p>\n
\u201cIt truly comes down to having a compatible personality with the attorney,\u201d LaBert explains. \u201cYour attorney is not going to be your buddy or pal. They\u2019ll give you tough counsel, and it\u2019ll often be about your spending habits. But, in the end, the attorney must create a pleasant environment for the client.\u201d<\/p>\n
Be aware of \u201cbankruptcy mills,\u201d or law companies that handle so many bankruptcy cases that they can\u2019t give yours the time and attention it requires. If you are unable to work one-on-one with the attorney during your initial appointment to vent your concerns and discuss your case, you should consider seeking representation elsewhere.<\/p>\n
Can a One seriously consider doing this Pro Se?<\/h2>\n
It is feasible to file for bankruptcy pro se (on your own) and be successful if you have a lot of time, patience, and devotion, not to mention an understanding of legal procedures and language.<\/p>\n
It is not advised, although it is possible.<\/p>\n
Bankruptcy matters are heard in federal courts, which immediately raises a difficulty. To submit a case, you must complete and file your petition in a specific manner, otherwise, it will never appear on a judge\u2019s docket.<\/p>\n
There is also the issue of completing all of the paperwork required for either a Chapter 7 or a Chapter 13 bankruptcy. Even excluding one document can result in the dismissal of your bankruptcy case.<\/p>\n
The United States Court System has made the procedure a little easier by providing a fillable PDF form that can be used to present a Chapter 13 file. They hope to have all essential forms available online eventually, which will make it easier for pro se filers to manage their own cases. However, this does not fix every problem. The availability of documentation is merely one issue. You must understand how to properly fill it out.<\/p>\n
Then there\u2019s the problem of arguing your case in front of a judge, who understands the law, processes, and remedies for situations and can dismiss your case at any point if you don\u2019t follow them.<\/p>\n
Yes, you can file for bankruptcy on your own, but do so at your own risk.<\/p>\n
What Are My Alternatives If I Can\u2019t Afford a Bankruptcy Attorney?<\/h2>\n
If you cannot afford the fees of a bankruptcy lawyer, you may be able to:<\/p>\n