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Posts Tagged ‘Bankruptcy Law’

What I Should Know Before Calling a Bankruptcy Attorney

Thursday, August 4th, 2011

There are millions of Americans who have a large amount of debt. Many of these individuals are unable to repay their outstanding debt. Many people I speak to each day call me about their financial problems, but have no idea what to expect from a bankruptcy attorney. Most people, by the time they call a lawyer, have at least one pressing problem. Like, for instance, a lawsuit, or a wage deduction summons (garnishment). So you will have that on your mind. You need to gather up any papers you got from the lawsuit. But, don’t stop there. You need to look for your other bills, all of them!

Bankruptcy is a process that involves your whole financial picture. So that means you need to have an idea of which company you pay for each thing you own, or are paying for: Your house- name, amount of mortgage payment each month, and whether that payment includes taxes and/or insurance. Are you up-to-date in the payments on your house? If not, how many months did you miss? Your car(s). Which company do you owe? How much are the payments? And how many months are left (or what is the balance)? Most of the time, people want to keep their house and car(s). Even though you want to keep that thing, you still need to discuss the payments with your attorney. This will be factored into any discussion of a possible bankruptcy case. You also need to have ready: how much you owe the IRS and state taxing authority for income or other kinds of taxes. We also need to discuss this, and many times a bankruptcy filing can help with tax bills. Most of the time, you have to pay them, but bankruptcy can help you get a temporary break or a better payment plan.

Then, you need to remember all of those other pesky bills, like credit cards, and medical bills, that you still owe. Some of the credit cards you may still be paying on each month. Some other ones, you may have forgotten about because you stopped paying a long time ago. Regardless, all are important to tell your attorney about. Even if you want to keep a small account with a department store, or other company, you need to include it, and bring it in. Besides, I’ll run a credit report and all of those bills will show up anyway. If you run a credit report, why do I need to give you any bills? Because, not all bills show up on credit reports. It is up to each creditor to make periodic reports on your payment history. But not all companies do this. For example, most medical bills don’t show up on credit reports. They will show up if you are sued, but, before that, most medical creditors don’t report their bills regularly. So have as many bills as you can find ready to talk about. The purpose of the first call is for you to have an idea of whether the attorney can help you, and, if so, what to bring in so we can review it to see what your options will be. If you are well-prepared for that first call, you’ll be ready to set up a consultation with one of our attorneys.

The Showalter Law Firm, P.A. represents individuals and businesses in Fayetteville and throughout the State of Arkansas in a range of debt relief measures. Whether your situation calls for the filing of a Chapter 7, Chapter 11, Chapter 12, or Chapter 13 bankruptcy, they can help you or your business get out from the burden of overwhelming debt and find a fresh start financially. For details about their work with each of these filings, visit the bankruptcy overview.

How to Find a Good Bankruptcy Attorney

Thursday, August 4th, 2011

If your debt is serious enough that you are considering declaring bankruptcy, it may be time to talk to a lawyer. After finding out about what is required, as well as the probable results of the case, you may decide not to do so. Equally as important as this decision is that of selecting the right bankruptcy attorney. Most bankruptcy attorneys are associated with a law firm, so it’s important that your research goes beyond that of the individual alone.

Find an experienced bankruptcy attorney
Make sure you file with an attorney who has years of experience working in the field of bankruptcy, some law firms cover several specialties, rather than specialize in bankruptcy law. This can have a negative effect on your case if you file with an attorney who only deals with bankruptcy cases occasionally. Finding a seasoned attorney who understands the laws of the bankruptcy code in your state to file your case with will make a huge difference in the outcome. Also make sure the law firm or attorney are able to guarantee your case will be filed accurately.

Find an attorney with low flat fees and payment plans
The attorney or law firm should understand that you have a huge financial problem and you may not be able to shell out their fee in full, which can range from $700 to $1700 depending on which state and city you live in. When you find an attorney who’s willing to give you payment options it shows that they understand your situation and are sympathetic to the fact that you are strapped for cash.

Find an attorney that offers free consultations and evaluation of your bankruptcy case
Personal bankruptcy is one of the toughest decisions you’ll ever make, with so much pressure and the creditor harassment you may be experiencing you don’t want to be worried about spending unnecessarily and a bankruptcy consultation should in fact be free. Your attorney should put your needs first by providing a free evaluation of your current financial status. If the attorney you contact insists or refuses to waive their consultation fee, look for another attorney. There are too many law firms and individual bankruptcy attorneys who are happy to offer free consultations, there’s no need to pay for one.

Evaluate the attorney and client relationship from the beginning
You need to feel comfortable with your attorney, a good bankruptcy attorney will be able to guide you through this difficult time by providing not only the adequate bankruptcy service you need, but by being understanding and sympathetic to your case. They should be able to relieve the pressure you’re under and you should walk out of their office feeling comfortable about your decision to file personal bankruptcy. Your attorney should also have the willingness to answer your questions however specific they may be.

Do not worry about location and proximity
Whether you file chapter 13 or chapter 7 bankruptcy, you should not limit yourself to filing with just any attorney because their office is 10 minutes from your home. We’re in the age of information and electronic communication, and everything you need to file your case can be done electronically (email, fax etc) starting with your free evaluation. More cases are being filed online with bankruptcy law firms across the nation, remember that you want the most experienced and most economic service so don’t overlook filing bankruptcy online.

Credit report assistance after your bankruptcy discharge
You’ll more than likely find that filing personal bankruptcy begins to show its effects about three months after your discharge when you check your credit report and find that you have accounts that are still labeled delinquent, late or in collections. Your bankruptcy attorney should be able to recommend a path for solving these discrepancies which can certainly hurt you when you begin to rebuild your credit.

Research your chosen bankruptcy attorney or law firm
It’s important that you do some digging and check the worthiness of your chosen bankruptcy attorney, one of the best sources of information for consumers is the Better Business Bureau website. Any business, company, corporation or law firm that cares about providing quality service is registered with the BBB. If your chosen attorney or law firm is not, then at least gather some referrals to see what level of service they have provided in the past. Remember that experience is important and the track record that the BBB will reveal about your attorney will either give you reassurance or make you think twice about hiring them.

Attorney S. Scott Allums, P.C. assists residents and businesses in Jefferson, Tuscaloosa, Shelby, Bibb, Walker, and Blount counties with all their bankruptcy needs. They provide personalized care and comprehensive services for clients seeking help with bankruptcy in Bessermer and other surrounding areas of Alabama.