Thursday, October 19, 2017

6 Tips for Finding a Good Bankruptcy Attorney

As someone who filed bankruptcy and was successfully discharged, I learned a thing or two (or many) during the process. After a lengthy struggle with the decision to file, the next step was to shop for an attorney.

I had never before hired a lawyer – any kind of lawyer – and I was more than a little nervous to begin looking. However, I got through it. And, by following a few simple tips, you can too.


How to Select Your Bankruptcy Attorney:


1. Take your emotions off the table. No matter what chapter you're filing (I filed chapter 7), bankruptcy tends to evoke intense feelings that can get in the way of making sound decisions. Hard as it is, you need to treat the selection of an attorney as a business decision (In general, all tasks related to BK can be thought of this way). This may mean taking a little time between deciding to file and choosing your attorney. Make sure you're able to think clearly before diving into what's ahead.

2. Once you're ready to look for your bankruptcy lawyer, make a list of potential candidates. Various places to gather names from include the Yellow Pages, Classified ads and local online bankruptcy websites. Referrals from friends, family and coworkers may be the best way to go, but these are hard to come by, as most people either don't file bankruptcy; Or, if they have, they don't want to discuss their personal bankruptcy with others.

3. Do not hire the first bankruptcy lawyer you meet with on the spot. Visit a handful (at least), so that you have an adequate sampling to choose from. Also, don't hire an attorney who doesn't make you feel comfortable. If none of the lawyers you meet with accomplish this, keep shopping around until you find one that does.

4. Look for lawyers who offer free consultations. Many do. The consultation is when you will "interview" each lawyer. Usually, you'll be asked questions about your situation and then get a chance ask any questions you have about the process.

5. Ask as many questions as you need to at the bankruptcy consultations. Before meeting with anyone, take the time to really think about what you need to know, and write your questions down. Make copies so you can take a fresh one to each consultation. Don't be afraid to take out your list and go through the questions one by one with each attorney. Take notes so there is no confusion later.

6. Take more than price into account when choosing a BK attorney. During bankruptcy, it's really tempting to go the cheapest route because you're probably broke. However, many bankruptcy firms will let you pay in installments. Be aware, though, that they typically won't do the filing until you are paid up and have also paid the court costs in full.

That's basically it as far as what you need to do when finding the right bankruptcy attorney. However, just as important are the questions you should ask. You'll no doubt come up with questions of your own, but here are some that you might find helpful to put on your list:


Questions to Ask Potential Bankruptcy Attorneys


1. Am I eligible to file for bankruptcy? While many people will qualify for bankruptcy (despite popular belief), there are some who won't. The first bankruptcy lawyer you see should be able to determine this after discussing your particular circumstances with you.

2. How much will bankruptcy cost me? This will vary from lawyer to lawyer, so be sure to ask this, as well as what the fees cover, as there are things that could come up during the BK that may cost extra.

3. Can I pay the fees over time? Make sure to ask this if you need to and the lawyer has not already brought it up. Many times, the answer will be "yes."

4. What is the bankruptcy process like? Knowing, in general, what to expect in the immediate and near future will go a long way in reducing your fear of the unknown.

5. Ask anything else that is on your mind. Again, bring your list of questions to make sure you cover everything that's important to you specifically.

Disclaimer: I am not a lawyer, only someone who has gone through the bankruptcy experience. For legal advice, please consult an attorney.

Good luck with your fresh start!

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