Consulting with a Chapter 7 Bankruptcy Lawyer

When filing for Chapter 7 bankruptcy, an individual or company should always consult with a lawyer during the entire process. Consulting with a lawyer will make an otherwise overwhelming and stressful situation such as how to file chapter 7, an easier one for the debtor and his or her family. The lawyer will be able to provide chapter 7 information, fill out all of the chapter 7 form paperwork for the debtor, file it with the court, and represent the debtor in the court during their required appearance for their bankruptcy hearing. The lawyer will also be able to answer all questions that the debtor might have throughout the process while also suggesting alternatives to filing for bankruptcy.

Discuss your Case with a Bankruptcy Lawyer

When a debtor decides to hire a bankruptcy attorney to help with their problem, the first meeting after the initial consultation should include a lot of talking by the debtor and a lot of listening and note taking by the lawyer. This meeting should be all about the debtor and his or her situation with their finances. The debtor should explain their situation, in detail, to their lawyer so the lawyer can fully grasp what they are dealing with and what the course of action should be for the debtor.

Establish Chapter 7 Eligibility

The second meeting with the bankruptcy lawyer should solely be put aside for determining whether or not the debtor is actually eligible to file for bankruptcy under the Chapter 7 Bankruptcy Code. To be eligible for bankruptcy in the United States, the debtor should be an individual, a partnership, a sole proprietorship, or a company that has not filed for bankruptcy within the previous 180 days and skipped out on a court appearance for that previous bankruptcy petition. Other eligible parties for bankruptcy include debtors that attended a credit-counseling course offered by an approved credit-counseling agency 180 days prior to filing for Chapter 7 bankruptcy. An attorney will be able to double-check their clients’ eligibility for filing for Chapter 7 bankruptcy.

Lawyers Fee Agreement

Once these first steps of meeting with a bankruptcy attorney have taken place the client and the attorney can then begin to discuss the fee agreement for the client to pay the attorney during the process of filing for Chapter 7 bankruptcy. The fee will more than likely cost a couple of hundred dollars to maybe even a thousand dollars to have the attorney represent the debtor from start to finish during the process. The fee will include money for travel for when the attorney needs to be present in court with the client, an hourly fee for counseling, and a miscellaneous fee for any documents written or printed up by the attorney’s office.

Bankruptcy Options

After the fee is agreed upon by the attorney and the client and eligibility is determined by the attorney, the attorney should provide a list of options for the client to choose from prior to filing for Chapter 7 bankruptcy. The list of options should include alternatives to filing for Chapter 7, including filing for Chapter 13 bankruptcy, which is less risky for debtors. Chapter 13 bankruptcy does not include debtors losing their home or other property that they own. Chapter 13 offers debtors the opportunity to restructure their debt by extending the period of time to pay the debt or reducing the amount of the debt that the debtor has to pay to his or her creditors. If the bankruptcy lawyers continues to push filing for bankruptcy other than providing alternative options then the client should seek another attorney to represent them during their case. An attorney that continues to push filing for bankruptcy as the only option to destroying debt is one that does not have enough experience in the industry. Chapter 7 bankruptcy lawyers will also help the client deal with their creditors during the meeting of creditors. Creditors will ask the debtor questions that will look for clarification of why the debtor filed for bankruptcy and the attorney will be able to tell the client whether to answer these questions.

• If you need help with filing bankruptcy, click here for a Free Case Review with a Bankruptcy Lawyer near you. The content of this website is provided for informational purposes only, and nothing here should be taken as legal advice.