Filing for bankruptcy is an intimidating venture, and it’s not one you’ll want to go through alone. But how do you know who to look for when it comes to an attorney? There are a lot of attorneys out there whose advertising make it seem like they are qualified, but you’ll want to ensure you’re getting every bit of your money’s worth when you’re looking for debt relief.
Why Do I Need An Attorney To Start With?
Bankruptcy is a process you can undergo pro se, or by representing yourself. But if you want a successful case, your best bet is to find a bankruptcy lawyer to help you through the process. They’re familiar with the variety of bankruptcy filings–even if they don’t offer their services in all of them–and they know federal and local bankruptcy laws, ensuring that your bankruptcy filing goes without a hitch. In addition, quite often after you lose assets when filing without an attorney, it would have been much more cost effective and less stressful to use an attorney.
Here are five key things to look for with any potential bankruptcy attorney, so you can be sure you’re getting someone who will do everything they can to ensure your case is properly taken care of, and you can bounce back after bankruptcy.
Do They Handle the Kind of Bankruptcy You’re Filing For?
There are many different kinds of bankruptcy, and not every attorney that you come across is going to have expertise in the kind you’re filing for. Here are the six kinds of bankruptcy you can file for in the US:
● Chapter 7: Most common kind of personal bankruptcy, used by individuals and businesses
● Chapter 9: Used by municipalities
● Chapter 11: Most commonly used by businesses, occasionally for individuals ● Chapter 12: Used by family farmers and fishermen
● Chapter 13: Used only by individuals, has the option of a repayment plan ● Chapter 15: Used by foreign debtors
Chapters 7 and 13 are the most common kinds of bankruptcies, and you’ll likely find many attorneys offering their services for them. Chapter 11 is a little more difficult to find, and for the rest, you’re going to have to find lawyers who specialize in those specific areas.
Do They Offer a Free Consultation?
Chances are, you’re already budgeting if you’re looking at bankruptcy options, and a good attorney will be mindful of your financial situation. A bankruptcy attorney that offers a free consultation is your best bet when looking for someone that will have your best interests in mind, and it allows you the freedom to find an attorney you like and trust.
Don’t be afraid to visit a few different attorneys rather than going with the first one you find based on a Google search. Have a list of questions and concerns regarding your bankruptcy ready, and use the time to ask them your questions and get a feel for who they are before any sort of payment agreements happen.
Do They Communicate Well?
Communication is key when it comes to any sort of legal proceeding, and that should go for any bankruptcy lawyer you work with as well. Your attorney should be able to walk you through the bankruptcy process in a way that you can understand, and they should be upfront with you about every step in the process.
If your bankruptcy attorney isn’t responding to emails or calls in a reasonable amount of time, or if they give vague or over-complicated answers you can’t make sense of, it’s a good idea to cut things off earlier rather than later. You’ll be much better off finding someone who does keep you informed on everything going on, no matter how chaotic things may get.
Can You Afford Them?
Unfortunately, considering you’re going to file for bankruptcy, chances are high that you have limited funds to work with, and you simply may not be able to afford the most expensive lawyer in the area. But that doesn’t mean you should give up altogether. Instead, talk with potential lawyers within your price range, or even if one’s a bit higher than you feel comfortable paying, see if you can work out a payment plan that ensures you get the help you need to move on past your bankruptcy.
And, while it may be tempting, don’t go pro se on your case. In a situation like a bankruptcy, that’s not advisable unless you’re truly an expert in bankruptcy law. You want someone who knows the ins and outs of the process and can easily guide you through it, leaving you without an extra level of stress as you work on your fresh start.
Are They A ‘Bankruptcy Mill’?
When you search for “bankruptcy attorney” online, you’ll likely find a lot of larger firms that process many bankruptcies through a conveyer-belt-like approach. You’ll want to avoid those kinds of firms and ensure you’re getting a personalized approach with one-on-one support from your lawyer.
Look for smaller, family-centric firms that are local to you, where you could meet with the lawyer you would work with face to face if you want. They’ll be able to tailor their approach to fit your needs instead of trying to fit your case in a “one-size-fits-all” template.
Filing For Bankruptcy Doesn’t Have To Be Scary
If you’re in Salt Lake City, bankruptcy isn’t something you’ll have to face alone–Rulon T. Burton is here to help as your bankruptcy attorney in Utah. Call us today for a free consultation, where we’ll help walk you through the bankruptcy process and point you in the right direction to get your finances back on track. If you’re ready for a fresh start, give us a call and let’s start working on your case.