Why hire a Bankruptcy Attorney?

---

Below we have provided answers to many of the common questions that we are asked by our clients regarding hiring a bankruptcy attorney. If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.

What advantages are there to hiring an attorney for bankruptcy?

Although bankruptcy cases can be complex, many of the procedures and cases are routine. Before filing a bankruptcy case, your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most beneficial to you. An attorney can ensure you understand the relief you can obtain and its limitations.

What will an attorney assist me with?

To file a bankruptcy case, documents called a Petition, Schedules, and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. Your counsel will help you complete these forms correctly. Once your case is filed, you will have to attend a first meeting of creditors where you will be questioned under oath by a court official called a "trustee". At this meeting you may also be questioned by your creditors. Your counsel will help you prepare for this hearing and let you know what you need to bring.

If you chose to file a Chapter 7 case, you may be asked to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts.

If you chose to file a Chapter 13 case in which you repay your creditors what you can afford over a 3 to 5 year period, you may also want help with preparing your Chapter 13 plan and with the confirmation hearing on your plan.

If you select another type of relief under the Bankruptcy Code other than Chapter 7 or Chapter 13, you will want to find out what should be done from someone familiar with that type of relief. Finally, your bankruptcy case may also involve litigation.

You are generally permitted to represent yourself in litigation in bankruptcy court but BE AWARE only an attorney can give you legal advice and can represent you in court.

What should I expect at an initial consultation with an attorney?

The initial office visit is intended to acquaint you with basic information about bankruptcy and to assess your current financial situation in order to determine your need and eligibility for the filing of a bankruptcy case.

This will include information about the types of bankruptcy provided by each of the Chapters and how each Chapter works, what types of debts can be forgiven, what property you can keep, what debts you need to keep paying, how to value property in bankruptcy and how to complete the petition, forms, plans, schedules of property, and schedules of your debts. As part of this process, Kelsey & Trask, P.C. will evaluate your financial situation to determine your need and eligibility for the filing of a bankruptcy case.





                   Click here to learn more about Chapter 7 Bankruptcy.