With over one million Americans filing bankruptcy every year, debt attorneys have a large customer base for their businesses to continue thriving on. The reasons for filing for federal protection from creditors can range from the irresponsible to the traumatic, but either way it presents a chance to start over with a clean slate.
What Attorneys Do
Enlist the services of an attorney specializing in resolving debt issues and expect to have the paperwork and documentation filed properly and timely, as well as for counsel to be present at the court proceeding. Most firms will offer a flat rate plus hourly billing for additional time spent on your case, so spend time finding a reputable firm with professional customer service.
Settling debt can be done in a number of ways, so before filing for chapter 7, 11, or 13 bankruptcy, ask your lawyer to explain other options. One alternative is legal arbitration, a legally supervised negotiation to come to terms for settling outstanding debts in a manner agreeable to both parties.
Choose Carefully
In a professional relationship where your personal or business information is being scrutinized by a relative stranger, it helps if you are at least comfortable with their personality and confident in their professionalism. Before choosing a lawyer to work with in bankruptcy, screen a potential list over the phone and narrow down your options.
Lawyers have public profiles, so look up their biography and learn about their training. Read their website and find out what areas of the law are heavily practiced. Many attorneys run legal blogs or feature articles they have written on the internet; use these to get a feel for the person who will be handling the case.
There are a number of legal professionals specializing in opposing areas of debt recovery and settlement. Ask about specialties and leave collections firms off the list. Consider special needs also, especially if English is a second language.
Tips
Even for a relatively inexpensive procedure, always investigate the firm with the American Bar Association. Any complaints from previous clients or other outstanding issues will be found there, as well as the status of the lawyer in the organization.
Good customer service is important, but an effective attorney will be busy. Expect their full attention during a scheduled appointment, but the rest of the time you will probably be speaking with a legal assistant. On the other hand, you are retaining their services, so do not settle for an indifferent approach. Check the firms references to learn more, and if possible start the search with a referral from a friend.
One overlooked consideration is conflict of interest. It behooves the client to have an attorney who is not representing any opposing parties, such as the client’s creditors. This may seem unlikely, but if there is a conflict it would be wise to choose a different legal firm.
Going through a bankruptcy is a challenging and stressful time, and doing proper research before committing resources can alleviate some of the worry. Always consider the options of debt negotiation or at least filing chapter 13 before requesting a discharge of all bad debts. The end result can mean a quicker recovery for the future.
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