Bankruptcy Attorney: Questions To Ask

If you have tried every way imaginable to avoid bankruptcy but find that you have no other way out of the situation, the first step you should take before filing is to consult with a bankruptcy attorney. A bankruptcy attorney can be hired or appointed by the court systems to help you through the court proceedings. If you decide to select your own attorney, make sure to select someone with previous experience in bankruptcy law, preferably someone who works specifically with bankruptcy.

No matter which bankruptcy attorney you select, you should always be prepared to ask the attorney questions regarding your own case. Here is a list of questions you should always ask your attorney to make yourself more aware of your bankruptcy proceedings:

* What type of bankruptcy is right for me?

Keep in mind that the Federal court system in the United States has eight different types of bankruptcy filing available. Of course the two most popular are Chapter 13 and Chapter 7, but there are a variety of different details and rules that apply to each type of filing. A good bankruptcy attorney will be able to sift through your financial difficulties and recommend the best type of bankruptcy for you.

* How do I file for bankruptcy?

Filing for bankruptcy will need to be done in the state where you currently live. If you plan to remain represented by a bankruptcy attorney, their legal staff can help to prepare all of the paperwork that is necessary to present to the court system. If you simply want to use the bankruptcy attorney for a consultation, make sure you don’t leave the attorney’s office without the necessary paperwork to begin the bankruptcy process.

* What type of fees will I owe?

This is important to ask in regards to your bankruptcy attorney as well as the court system. Most bankruptcy attorneys will give a free consultation but any remaining time on the proceeding or in court will cost a fee. Some attorneys charge by the hour while others charge a flat fee for bankruptcy services. As well, the court systems usually charge a court fee connected with filing the case, administrative charges and extra Chapter 7 fees to pay a trustee in charge of the bankrupt account.

* Where do I go to file my bankruptcy claim?

Bankruptcy cases are handled by the federal court systems in every state. This usually means that the bankrupt party will need to give the bankruptcy paperwork to the state courthouse, usually in a state’s capitol city. Your bankruptcy attorney should know the address and rules regarding whether or not paperwork can be sent by mail or if paperwork needs to be given in person.

* What happens after filing for bankruptcy?

Immediately after filing for bankruptcy, the court system will send out notification to creditors of the pending bankruptcy case. From this point on, creditors are considered to have a “restraining order” by the debtor and are not allowed to contact the debtor requesting payment. Depending on the type of bankruptcy, a hearing will be scheduled and deadlines will be set for creditors to file a claim and attend the hearing. Of course, all of the proceedings from here are dependent on the type of bankruptcy filed, so it is important to be in contact with your bankruptcy attorney who can more readily answer these questions.

Tips On Choosing The Best Possible Bankruptcy Attorney

If you live in the Cincinnati area and are considering personal bankruptcy then you will want to find the best possible bankruptcy attorney in Cincinnati Ohio offers. To do this there are a number of things you will need to consider about each prospective bankruptcy lawyer. The first thing that many people are concerned with is the price, and this can be a very relevant factor, but cost should not be the most important thing you look at. In many cases you are better off paying a slightly higher price for better service and results, and the saying that you get what you pay for can be true of a bankruptcy attorney as well. Know what the fee is for each lawyer, and exactly what this fee covers.

Another factor that you should consider with any bankruptcy attorney in Cincinnati Ohio or anywhere else, is the education and experience level you are getting for the fee paid. New laws concerning credit card debt and other obligations under personal bankruptcy proceedings mean that some attorneys may not be current in these areas, and this could affect the outcome of your action. You want a bankruptcy lawyer who is very familiar with the chapter of bankruptcy that you have chosen, whether that is Chapter 7, Chapter 13, or another option. Experience in these areas can be invaluable for the successful resolution of your personal bankruptcy case.

Any bankruptcy attorney in Cincinnati Ohio that you finally choose should be one that you are comfortable with, and will not hesitate to ask questions if necessary. You will be spending a significant amount of time with the bankruptcy lawyer that you choose, first answering questions and filling out forms and then in the court proceedings, so it is important that the attorney you choose is one you are comfortable with. Make sure you are aware of all the legalities and that you read everything before you sign any agreement with a bankruptcy lawyer.

Finding the best possible bankruptcy attorney that Cincinnati Ohio offers does not have to be impossible, but you will have to do some research. Check to see that the attorney, or at least one attorney in the firm, is board certified in consumer bankruptcy law. Doctors routinely obtain certifications in their specialties, and you should expect it from your bankruptcy attorney as well. This is important, because bankruptcy is not even on the bar exam in Ohio. Most attorneys who handle bankruptcy handle both Chapter 7 and Chapter 13 cases, and can help you eliminate credit card debt and other obligations so you can start fresh. But, be careful. The downturn in the economy has also hit the legal profession, and many attorneys who have no bankruptcy experience are now attempting to practice consumer bankruptcy law and their clients are losing assets and money as a result.

So how do you find best possible bankruptcy attorney in Ohio? Search Google.com for the term “Bankruptcy Attorney Cincinnati Ohio” or you can visit the link below to learn more. Good Luck

What Makes It So Important to Hire a Bankruptcy Attorney Rather Than Filing on Your Own?

Bankruptcy defines a legal status in which a person or a business declares himself or itself as unable to pay back all his debts. In that case the law permits that person or business to file for bankruptcy in order to restore his future financial condition while also getting protection and relief from any harassing creditors. The types of bankruptcies vary and the type of case under question determines which type of bankruptcy will apply to it. Only a well experienced bankruptcy attorney will help you figure out which type of bankruptcy applies in your case. A bankruptcy attorney will tell you whether you need to file for Chapter 7, 11, 12, or 13 after analyzing your particular case. A bankruptcy attorney will guide you through all the legalities involved in the process of filing for bankruptcy thus saving you the time and energy required in studying them all and understanding them.

Filing for bankruptcy is legally permissible by any person, which means that hiring a bankruptcy attorney for the process is not a legal requirement rather just an option or personal preference. The only reason why most people prefer hiring a bankruptcy attorney rather than doing the work themselves if because it shorts the amount of time required a lot as an experienced person can deal with the process a lot quicker than one who has not done it before. The rules and regulations involved in filing for bankruptcy are quite lengthy and complex and difficult for an ordinary person to wrap his or her head around it. A bankruptcy attorney will help you by explaining all the pertaining laws and regulations to you.

When a person is forced to file for bankruptcy he or she will naturally be going through a lot of pressure. The biggest factor leading to stress and pressure is the constant harassment from creditors. But when you hire a bankruptcy attorney that person becomes your representative. Therefore all creditors know have to call your bankruptcy attorney for any complains instead of you. This means that you can easily get away with all those phone calls and personal visits from your creditors once you hire a bankruptcy attorney to represent you. This is the biggest peace that one enjoys after hiring a bankruptcy attorney.

Another great benefit involved in hiring a lawyer is that the attorney then becomes responsible for dealing with all the paperwork involved. In the process of filing for bankruptcy there a hundreds and thousands of papers and documents involved. For an ordinary person it is very difficult to be able to fill them all out without making any errors. Since a lawyer is dealing with these documents on a daily basis he or she will know them like the back of their hand. The chances of making any errors in these papers will become close to zero when you hire a lawyer. With no errors your case will roll out very smoothly and you will be done with it before you even know it. whereas if you do not hire a lawyer you will most likely make plenty of errors at this stage that can seriously cause a lot of problems like even the loss of your personal property and valuables. So why take this huge risk when a bankruptcy attorney is readily available?

These days the fees of a bankruptcy lawyer has decreased a lot making them more affordable by the general public. Carefully analyze the different attorneys available in your area and then hire the most efficient and affordable lawyer and have your case solved in no time at all.