An Attorney for Bankruptcy to File a Bankruptcy Application

A bankruptcy lawyer is an expert who will file bankruptcy for his or her clients. Avoid the pitfalls of choosing an attorney for chapter 7 or 13 bankruptcy.

In the 12-month period ending September 2009, there were 949,002 personal bankruptcies under chapter 7. An attorney for bankruptcy is a professional legal advisor who helps his client to file their bankruptcy application under either chapter 7 or 13. Even filing bankruptcy under chapter 7 can seem surprisingly involved for the novice, but the best bankruptcy lawyer will handle all the legal formalities and ensure a stress-free legal process. Although it isn't surprising that the insolvent seeks a low cost attorney, the cheapest service has a number of potential pitfalls that must be avoided.

What Should a Good Attorney for Bankruptcy Offer?

• A free initial consultation. The best bankruptcy lawyer will always provide a free consultation to make sure that a potential client has a full appreciation of what is involved and to make sure that it is the most appropriate option for that person. For example, the client must not have filed chapter 7 within the last 8 years.
• Details of the service. The basics of the bankruptcy process should be clearly explained. The client should also be informed which debts can and can't be eliminated, as well as how this affects the filer's credit score and employment prospects in the future.
• Alternatives to bankruptcy. There are different debt-free alternatives to filing a bankruptcy application. A good chapter 7 bankruptcy attorney should always discuss the possibility of a debt settlement program rather than just 'selling' their own service.
• Bankruptcy attorney fees. Any charges should always be clearly documented prior to entering an agreement. Low cost bankruptcy mills have emerged that advertise on the basis of low headline rates, but regularly increase their charges further down-the-line.

Risk of Using a 'Bankruptcy Mill' to File a Bankruptcy Application

Although it's possible to reduce bankruptcy attorney fees, this comes at a price. A number of low cost attorneys for bankruptcy don't use qualified legal personnel for filing a petition. Combine this with the high volume of clients and the scope for serious, costly mistake is great. This could potentially lead to:

• Eligible unsecured debts not being included in the petition.
• The loss of exempt property.
• Failure to reaffirm secured debts, such as car loans.
• Preventable mortgage foreclosure and the loss of the family home.
• Filing for bankruptcy to clear debts that cannot be legally eliminated, such as student loan debt.

Hiring the best bankruptcy attorney is worth its weight in gold. Whilst nobody wants to pay over-the-odds, quality does come at a price. When dealing with something as important as filing bankruptcy, it is essential to get it right the first time.

How to Select the Best Bankruptcy Lawyer

A quality attorney for bankruptcy will normally charge a one-off fee of $2,000 to $3,000. Although there are services offering to handle the process for just $99.99, they are normally unprofessional and have a tendency to increase their fees at a later date. Submitting a bankruptcy application can be a complicated business, especially if filing chapter 13. It is not only important to take into account any up-front charges, it is also necessary to consider the financial repercussions of a mistake or omission.

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