Contents
Bankruptcy Fundamentals
Gathering Your Financial Info
How to Find a Bankruptcy Lawyer
Should You File Chapter 7 or 13?
Exempt Property in Bankruptcies
Mandatory Credit Counseling
How to File for Chapter 7 Bankruptcy
How to File for Chapter 13 Bankruptcy
How to Get Credit After Bankruptcy
How to Improve Your Credit After Bankruptcy
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How to Find a Bankruptcy Lawyer
Though you can file for bankruptcy pro se (without a lawyer), the complexity of the Code and the forms required to file for bankruptcy make it essential to consult a bankruptcy lawyer at least once before filing. Many lawyers offer a free initial consultation, though after that meeting most charge an up-front fee of $750–1,500 per bankruptcy case.
Should You File Alone or with a Lawyer?
There’s really only one reason not to file with a lawyer—money. If you can afford to pay a lawyer, you absolutely should hire one. The most important reasons to work with a lawyer include:
- Knowledge and experience: Bankruptcy lawyers know the Code inside and out, including up-to-the-minute changes, and have usually worked on hundreds of bankruptcy cases.
- Petition preparation: The process of completing and submitting all the forms required to file a bankruptcy petition is perhaps the most difficult and time-consuming part of the process. A lawyer will handle all of this for you, including filing your forms. If you can’t afford a lawyer but still need help with this service, consider hiring a bankruptcy petition preparer (BPP), a professional trained to complete bankruptcy forms. BPPs charge $150 or so but are prohibited from offering any bankruptcy-related advice—they just do the forms.
- Representation in court: Many bankruptcy filers have little or no experience with the legal system and don’t feel comfortable representing themselves in court. If you work with a lawyer, you’ll be required to appear in court only once—the lawyer will attend this session with you and will then attend all other required court proceedings in your place. Without a lawyer, you must attend every court proceeding for your case.
- Negotiation with creditors: Before you file, you can refer all calls from creditors directly to your lawyer.
Where to Find a Bankruptcy Lawyer
If you decide to file with a lawyer, it’s crucial to work with one who:
- Specializes in personal bankruptcy law
- Has a reputation for honesty and integrity
The best way to find a reputable lawyer is through a referral from someone you trust. If that doesn’t work, contact your local or state bar association. Bar association websites typically include search features that enable you to search for lawyers in your area by expertise and location. Just be aware that all a lawyer has to do to get listed is pay a fee, so don’t assume they’re reputable just because they’re listed.
Work only with lawyers who offer a free initial consultation. Use the consultation to assess the lawyer’s professionalism and expertise—he or she should never make any bold promises up front or guarantee you results. Lawyers who do so are not reputable.
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