Hiring a Bankruptcy Lawyer
Whether you are looking to file for bankruptcy or you are a creditor who wants to sue a debtor, there are several things you need to know about hiring a bankcruptcy lawyer. The cost of filing bankruptcy, the types of bankruptcy you are eligible for, and how to find a good lawyer are all important topics to consider.
Chapter 7
Using a Chapter 7 bankruptcy lawyer can help you eliminate most unsecured debts. In addition to removing credit card debts, medical bills, and payday loans, you may be able to eliminate taxes and back taxes.
A bankruptcy lawyer will also help you prepare a detailed accounting of your assets and debts. If you’re filing for bankruptcy, you may also be eligible for public benefits such as unemployment benefits, reemployment assistance, social security benefits, and veterans’ benefits.
Your bankruptcy attorney will prepare court documents explaining your bankruptcy eligibility. This process takes about a week. Before filing for bankruptcy, you should complete a credit counseling course. The lawyer will also make sure you have all the necessary tax returns and wage information.
In order to file for bankruptcy, you will need to complete a “means test”. This test evaluates your income and expenses to see if you qualify for bankruptcy. The test also takes into consideration your family size. If your income is above the state’s median, you can qualify for bankruptcy. However, you may be denied if you fall below the median.
Chapter 7 bankruptcy is usually easy to complete. However, if you aren’t sure if you qualify, you should contact a Chapter 7 bankruptcy lawyer. You can also visit your local bankruptcy court’s website or contact the legal aid group in your state. These organizations are usually free to help you.
A Chapter 7 bankruptcy lawyer will work with you to develop a strategy for filing your case. You may be able to keep part of your home equity and keep your motor vehicle. You may also qualify for a reduced payment on your mortgage. If you are unable to pay your debts, you may also qualify for relief from wage garnishment.
If you file for bankruptcy, your creditor may no longer contact you. However, they will still be able to collect on any non-exempt property they have. If your assets are not fully exempt, they may be sold to pay your creditors. If you decide to make installment payments, you will need to file a motion to reopen your case.
Chapter 13
Regardless of whether you are considering filing a Chapter 7 or Chapter 13, there are a number of advantages. For instance, you will be able to discharge unsecured debts, and your home may remain in your possession.
Additionally, you will be able to stretch payments for both secured and unsecured debts over three to five years. This can help you avoid losing your home, or re-mortgage your home. If you are behind on mortgage payments, a Chapter 13 may be your best option.
When filing a Chapter 13 bankruptcy, you will first need to find a bankruptcy-friendly lender. You will also need to make payments on a regular basis. These payments will be to a court-appointed trustee. These payments must be approved by the trustee before they can be distributed to your creditors.
You will also have to complete a credit counseling course. Credit counseling must be conducted by a credit counseling agency approved by the bankruptcy court. The credit counseling certificate must be included with the documentation for your bankruptcy.
After the bankruptcy is filed, you will need to submit your income information and schedule a 341 meeting with your creditors. At this meeting, the bankruptcy trustee will review your documentation and determine if you qualify for Chapter 13. Generally, you will need to show that you have sufficient disposable income to repay creditors. Your creditors may object to your proposed repayment plan, and you may be required to make a reduction in your disposable income payments.
Typically, you will be required to repay only a percentage of your debts. This may be a small amount, or it may be all of your debts. Regardless of the amount, the bankruptcy court may be able to reduce your disposable income payments, depending on your circumstances. For instance, the bankruptcy court may reduce your payment to medical bills, credit card debt, and personal loans.
You will also have to demonstrate that you can pay the monthly payments under your proposed repayment plan. The court will approve your plan if the trustee finds it acceptable.
Cost of bankruptcy
Depending on the type of bankruptcy you file, you may have to pay a bankruptcy lawyer. This cost can range from hundreds of dollars to a few thousand dollars. In addition to attorney fees, you may have to pay for the cost of court documents and filing fees.
Attorney fees vary depending on the complexity of your case and your location. In New York, the average bankruptcy lawyer fee is $1,000 to $2,200. In smaller cities, the cost may be higher. However, bankruptcy attorneys can lower fees for low-income clients.
In New York, Chapter 7 filing fees may be waived for people below the state’s poverty level. In addition, some bankruptcy lawyers will allow you to pay part of their fees upfront. The remainder of their fee is included in the debt discharge when your case is successful. In a complicated case, your lawyer may charge you an hourly rate for additional work.
A study conducted by Martindale-Nolo in 2016 found that the average attorney fee for Chapter 7 cases was $1,450. In addition to attorney fees, you may also have to pay a credit counseling fee. The average fee for a debt education course is $50 to $100.
In addition, if you need to appeal a ruling, you will have to pay $298. Some courts have established “no-look” fees, but you may still be able to review the attorney’s fees.
The cost of bankruptcy may be a bit higher if you have complicated debts or if you own rental properties. However, bankruptcy is a long-term solution to your debt problems. It can also help you retain some of your key assets.
Some courts may allow you to waive a portion of the attorney’s fee if you have a low income or are unemployed. In addition, you may be able to take a debt education course for free. If you don’t qualify for this, you can file on your own and pay a bankruptcy lawyer a small fee.
Bankruptcy laws vary from state to state. Each state has different regulations for bankruptcy filing fees.
Finding a good lawyer
Whether you are an individual or a business, you will need to hire a good bankruptcy lawyer to ensure that your case is handled properly. A bankruptcy lawyer will be able to explain the process to you and help you determine whether or not you should file bankruptcy. They will also be able to answer any questions you have about the process.
In order to find a good bankruptcy lawyer, you should make sure that they are highly experienced. You should also make sure that they understand the emotional side of the bankruptcy process.
You should also ask your family and friends for recommendations. You can also look online for reviews. You can also contact your local bar association to ask for recommendations.
The National Association of Consumer Bankruptcy Attorneys has a list of attorneys who specialize in bankruptcy law. You can also look at the NC Specialist Directory, Durham, Bankruptcy Law Consumer to find lawyers in your area.
A free consultation is also a good way to see how an attorney will work with you. This will give you an idea of the attorney’s philosophy and approach. Also, you will have a good idea of how much the attorney costs.
You should avoid paying high prices for bankruptcy lawyers. Although there are some lawyers who charge flat fees, you should also look for flexible payment arrangements. You should weigh the advantages of each payment option.
You should also look for a bankruptcy lawyer with experience in both personal and business bankruptcy cases. You should also make sure that the lawyer is knowledgeable about state specific exemptions.
You should also look for bankruptcy lawyers who are willing to meet with you to discuss your case. You should also avoid lawyers who are demeaning or demanding. A good bankruptcy lawyer is friendly, approachable, and willing to help you.
You should also check to see if your lawyer is certified. This is important because bankruptcy law is complicated and not all lawyers understand the law. A good bankruptcy lawyer is knowledgeable, astute, and experienced.
