10 Things A Qualified Bankruptcy Attorney Will Tell You
1. If You Qualify For Bankruptcy
The first thing that a qualified bankruptcy attorney should tell you is whether or not you qualify for bankruptcy under any of the chapters that make up the bankruptcy code. Sometimes individuals may not qualify for any type of bankruptcy due to a very high income, previous fraud or other criminal activities, or for certain other reasons. The bankruptcy attorney will examine the facts in your case and determine whether you will benefit if you file for bankruptcy protection.
2. Which Chapter Of The Bankruptcy Code Your Case Qualifies Under
When you meet with an experienced bankruptcy attorney this specialist can determine which chapter of the bankruptcy code your case qualifies under. Chapter 7 and chapter 13 are the two most common chapters used by individuals, but there may be another chapter that works best for your specific situation as well. Sometimes you may qualify under more than one chapter. In this situation the bankruptcy lawyer can help you choose the bankruptcy chapter that offers the most benefits and fewest disadvantages.
3. Which Of The Debts That You Owe Can Be Eliminated Through Bankruptcy
Most debts can be eliminated through bankruptcy but this is not always true. The bankruptcy specialist can determine which of your debts qualify for discharge, and give you an overall idea of how much of your debt can be eliminated if you file for bankruptcy.
4. Which Debts Owed Can Not Be Discharged
There are some debts that bankruptcy can not discharge, and the bankruptcy attorney will disclose this to you. If you owe child support, alimony, or some types of unpaid taxes then these may not be eligible for discharge.
5. The Fee Charged By The Attorney
A qualified bankruptcy lawyer should have a transparent pricing scheme in place. The amount of the fee and how the fee is calculated should be carefully explained so that you understand. This price may be per case, per hour, or use another pricing type.
6. Any Additional Costs You Should Expect
The bankruptcy specialist that you have chosen should tell you if there are any additional fees or expenses that may be charged. In some cases the filing fee for the bankruptcy case may be charged, in addition to the agreed upon fee for legal representation in your bankruptcy.
7. Which Exemptions Are Right If There Is More Than One Set To Choose From
If your case involves a choice of the exemptions used then the bankruptcy lawyer can determine whether the federal or state exemption set offers the best coverage in your specific case. Each case is unique, and the answer may be different for each individual or couple.
8. What To Expect During The Entire Bankruptcy Process
Any qualified bankruptcy attorney will detail what you should expect during the entire bankruptcy process. The lawyer will describe what will happen from start to finish so that you understand your role in this process.
9. When To Appear And Where To Appear For Court Hearings
Any bankruptcy specialist that you choose will explain when you need to appear at the bankruptcy court for hearings, and where you will need to go.
10. How To Contact The Attorney And What To Do If You Are Contacted By A Creditor
The bankruptcy attorney will explain how to get in touch with them if you have any problems. This lawyer will also explain what steps you should take if any creditors contact you about a debt that you may owe.