Bankruptcy Attorney - Should You Go It Alone

They say that every cloud has a silver lining, but when you are at your wits’ end in terms of your finances, and are contemplating bankruptcy, that lining may come in the form of your choice of bankruptcy attorney. While it’s not required to have a lawyer to aid in the process, there are a number of benefits to having the assistance of one whose specialty is this complicated procedure.

The first, and most obvious, benefit of hiring a bankruptcy attorney is the simple fact that they are the experts when it comes to the intricacies of bankruptcy, and you are able to benefit from their wealth of knowledge, particularly when it comes to locating loopholes in the law, and any changes to the law that could save you money and property. Based on his particular area of expertise, dealing with individuals or businesses, he can also advise you which form of bankruptcy should be filed: Chapter 7, Chapter 11 or Chapter 13, based on your situation. You lawyer will also be able to answer questions you may have about the process, and help you with filing the initial petition declaring that you are unable to meet your financial obligations, as well as any additional paperwork. It is also his responsibility to make sure that all court imposed deadlines are met, and to manage the overall progression of your case. Above all, a bankruptcy attorney will protect your interests and property, just as the creditors’ attorneys are doing for their clients.

A second benefit to having the services of a bankruptcy attorney in your corner is that she has the ability to stop the harassment of creditors, calling you at all hours and insisting on their due payments. When you engage their services, you are responsible for letting each creditor know that you have an attorney representing you, and to direct any further communications to her. Once that is done, the lawyer then becomes responsible for informing your creditors about the current state of your finances, and what progress is being made towards settling what you owe. She will also act as the intermediary for you and your trustee, the person who is administering the bankruptcy on behalf of your creditors. Having someone to handle the communications, and stop the phone calls and letters, will enable you to go about your daily responsibilities without the stress of having to avoid answering the phone to get respite from the endless phone calls, or the worry of what might happen if you don’t talk with the creditors.

Finally, a bankruptcy attorney will accompany you when you go to meet with your creditors. This meeting, also known as the 341 meeting, is usually held at the bankruptcy court, and is attended by the trustee, the person filing bankruptcy, and his attorney, although creditors may also attend. At the meeting, the trustee questions the person filing bankruptcy, or his attorney, about his client’s assets and liabilities. Following the meeting, the attorney will help with filing any further paperwork that is required, and will provide additional advice to make sure that the discharge of your case goes as smoothly as possible.