Bankruptcy Attorney
Author: leena.ebrandz
An attorney is familiar with the rules and regulations of your state; hence, he can be the only option to solve your financial problem. Filing for bankruptcy is not at all a simple matter; you may sometimes become too worried to go through the process.
A competent bankruptcy attorney may handle your financial trouble smoothly, and may point out the advantages and disadvantages of filing after analyzing your crisis in details. You must appoint a reputable attorney who has in-detail understanding of the bankruptcy law. The hired attorney must also know the entire process of filing bankruptcy.
How to Find a Bankruptcy Attorney
You must take time to choose the right bankruptcy attorney for you. It is essential to find a bankruptcy lawyer who may explain you the process of filing bankruptcy clearly. Try to find an attorney who may help you to overcome the process easily. You must ask them to give you a list of fees they charge, and also what services they offer. This will help you to judge whether the bankruptcy attorney is right for you or not.
If you have doubt regarding which attorney to choose, you may take the suggestion of other attorneys to find the right bankruptcy attorney for you. Even a personal attorney may suggest someone who is skilled and experienced in the field of bankruptcy law. You can also visit bankruptcy courts if you get time. This will help you to understand how the process of bankruptcy functions, and will also give you a detail understanding of the type of person you must employ to fight for your case.
How a Bankruptcy Attorney Solves Financial Problems
Bankruptcy attorneys are familiar with the bankruptcy law and offer legal services for commercial businesses or individual to wipe out their debt problems. They liquidate the assets and distribute them among the creditors. They also resolve the financial problem by developing a plan which involves repayment of creditors from time to time.
Bankruptcy attorney explain the main purpose of bankruptcy laws, and also illustrate the way they function to help businesses and individuals come out of their financial crisis. They offer a new financial start and relieve men from indebtedness. Title 11 of U.S code regulates the proceedings of bankruptcy, including what bills may be eliminated, what possessions may be kept, how long the payments can be extended, and several other details concerning bankruptcy.
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What can I do about a rude bankruptcy attorney who has made a couple of mistakes?
My husband and I have filed for ch. 13 bankruptcy in Texas. The attorney that he selected tends to range from nice to rude, especially when we don’t understand an issue. He tends to be a bit pompous when he responds to us. He missed one major creditor that had to be added in as an amendment (property taxes) and failed to calculate the correct amount of monies paid to creditors in the past 90 days. He saw the property tax statement and gave it back to me, and we didn’t add it in the worksheet. I gave him a list of creditors and amounts that we had paid in that time frame, but he only filed our statement of income showing one payment per creditor. Our meeting of creditors is in 20 days. I have considered firing him and getting another attorney. Can I get a refund on his fees from him? Is it possible to have another attorney review our bankruptcy paperwork (second opinion) before being finalized to make sure everything is correct before we find another mistake or the court finds one? Tks.
If someone is being sued by a creditor what type of attorney do they need? They don’t want to file bankruptcy.
Can a creditor stop a bankruptcy?
Party A lost a breach of contract case in circuit court and now owes over a quarter million in business debt. Party A then files bankruptcy.
Can the attorney for Party B (the creditor to which that money is owed) prevent, overturn, reverse the bankruptcy for Party A?
Party A has approx. $2000 worth of assets and no means of paying off the debt.
What will my creditors do when I tell them I have retained a bankruptcy attorney?
I paid my retainer fee for a bankruptcy attorney. I am hesitant to inform my creditors of this move for fear they will rush to sue me before my claim is in the courts. But I want the calls to stop. Any advice or experience?
How can I amend a chapter 7 bankruptcy file adding a creditor?
I file for bankruptcy and I have the meeting on the 17th. I DON’T have an attorney.And I forgot to add a creditor on the file.
Please, I need to know exactly what is the form I have to print out and fill out to bring to the court in Fort Lauderdale, Florida. I know I have to pay a fee of $26. But I still don’t know what form I have to fill out and where to get it. Thank you for your help.
If you have paid the retainer in full, the creditors have to cease and desist any collection attempts against you. No, they cannot sue you at this point, if they even tried they could be fined up to 1,000.00 for attempting as you are protected now under the bankruptcy laws. Your attorney on request from you or their assitant in the office can fax over a copy of your case filing to the creditors. If you have a case#, answer the phone, tell them you filed bankruptcy, they will ask you for the case # , give it to them, legally, they cannot contact you after that. The US Bankruptcy court, once they receive your case, will notify each creditor and it usually takes approx 30 days for them to get the notification. Your attorney can do this if it’s something you need to cease immediately. You can get more bankruptcy info at their website…..www.usbankruptcy.gov Good Luck!!!
You could get a second opinion. You could fire your attorney. You could ask the court to review your lawyer’s fees under section 329 of the Bankruptcy Code. You’d probably have to pay another lawyer something to take the time to review your first attorney’s file. You could discuss this with the local bar association or the state bar. You may have specialists in Bankruptcy in Texas. Have you considered looking for a certified specialist in the field?
You may simply have difficulties in communication with your attorney. Why not express your concerns to him in the first place and see if you can work things out. If not, consider some of the alternatives mentioned above.
A creditor can indeed object to the bankruptcy petition and to any proposed judgment. Being owed money is not grounds to object, but you can try to show that the petition is fraudulent and that the person or corp does indeed have assets and the ability to pay its debts. some forms of bankruptcy do not eliminate debts, but just re-organize the company and its finances. This usually results in only partial payments. A creditor can object to any such plan and show that there is a better plan available.
Start with a lawyer who handles wills and civil suits and the such. If they would not take your case they should be able to refer you to a lawyer who will.
If the creditor does not actually intend to sue, then the check the following link. It may be a violation of the FDCPA, which governs loan collection actions.
You need to add the creditors as amended on schedule D, E or F and then you need to prepare a simple Motion. typically in the Motion you must list the name and addresses of the missing/new creditors. There may be sample Motions on the Net.You may want to contact the Bankruptcy Court as many have clerks that help pro se filers.