Do not let your financial situation dictate whether or not to hire a bankruptcy attorney.
If you find yourself in a financial situation where bankruptcy is the best option, it almost sounds counter-intuitive to hire an attorney. As the saying goes, attorneys are expensive, lawyers cost too much, etc. However, do not let this stop you from seeking a bankruptcy attorney to help you with your case.
In my years of experience, good bankruptcy attorneys and lawyers not only understand the situation that you are in, they are more than willing to meet their client’s financial needs. Moreover, there are a number of options for Debtor’s to obtain an attorney to file or help them with their bankruptcy case.
How can I pay for a bankruptcy lawyer
The first step is to always do your research. The internet today has a number of websites that provide reviews for bankruptcy attorneys. You can even search reviews for attorneys and lawyers in your area. These sites include Yelp, Google+ and AVVO. There is not cost to search for attorneys on a number of these sites.
The next step is to set up a consultation. There are a number of lawyers practicing bankruptcy. As such, there will be a number of ways bankruptcy attorneys accept fees for their services. For one, some bankruptcy attorneys offer free consultations. Use these appointments to determine which attorney best fits your legal, personal and financial needs. Some attorneys offer payment plans, some attorneys are efficient enough that their fees are lower, some will reduce services that you can easily do on your own in order to reduce their fees.
For example, every attorney will need a credit report to file your bankruptcy case. You can offer to pull all three of your credit reports to reduce their workload and cost to pull the reports. For cases that involve vehicles, you can offer to handle the reaffirmation agreement yourself with their advice. This way, they do not need to complete the paperwork or go to the reaffirmation hearing. In other cases, you can offer to pay for a recommended appearance attorney separately so that the attorney does not have to attend the hearing with you. Remember, attorneys fees are negotiable. If you reduce the attorneys workload, they might reduce their fees.
The pro bono attorney
If you have searched everywhere for an attorney and still cannot afford their services, try vising the State Bar Website or the Bankruptcy Court website for your district. In most cases, you will be able to find a pro bono attorney in your area that will help you with your case for free. It is recommended in all States that attorneys complete some level of community and/or pro bono services. There are some firms that work pro bono for clients who are in a certain unique situation. A number of Bankruptcy Courts also have workshops with actual attorneys that will help you complete your paperwork.
Remember, if you work with pro bono attorneys or attend these free workshops and clinics, it is imperative that you have all of your ducks lined up. This means, you need to be proactive. You should have all of your documents ready to go. To learn what documents you need, this will take a little bit of research on your part. Sometimes the research is as easy as doing a Google search. Other alternatives to research is to ask questions on sites like AVVO.
Filing Fee Waivers
If you file the documents on your own with the court (and sometimes even with the help of an attorney), you can also try to apply for a fee waiver. There is no guarantee that the court will grant the fee waiver, but it does not hurt to try. As of today, the fee for filing a Chapter 7 is $335.00.
Petition Preparers and Non Attorney Services
These services are also available. However, these services cannot provide you legal advice. Use these services with extreme caution. It is suggested that you at least have an attorney review the prepared petition. When you file bankruptcy, not only do you list your debts, but you also must list your income, assets (including businesses, inventory, jewelry, stocks, retirement), transfers (such as selling a car), as well money paid to creditors, friends and family. All of this is reviewed by the bankruptcy trustee and court. Failing to provide the information, or exempting assets can mean the failure to obtain a discharge, or the liquidation of your home or car.
In some cases, filing before or after a certain date can mean an objection to your bankruptcy discharge. It can also mean motions to recoup money given to a family member. Bankruptcy is a Court proceeding. Lawyers spend their careers researching the intricacies involved with the legal system. Bankruptcy attorneys spend their time researching the requirements to get your case moving through the process smoothly in order for you to obtain a discharge.
To conclude you should always be aware of something to good to be true. There are a number of scams in this economy. Pro bono requires active participation on your part. Bankruptcy can be a simple process with the right attorney. There are a number of quality attorneys that will assist you financially to help you achieve a fresh start.