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What does the bankruptcy lawyer do after you file for bankruptcy?
Wiki User
∙ 13y ago
Bankruptcy lawyers take care of the massive amounts of paperwork and communication with the court. But perhaps the most important thing that an attorney can do is the consulting aspect. The law article below discusses what a bankruptcy attorney does. She will direct you as to the best type of bankruptcy to go for in your particular situation and clearly state the advantages and drawbacks.
Wiki User
∙ 8y ago
Wiki User
∙ 14y agoWhile it is possible to file for bankruptcy on your own, there are several legal deadlines and mounds of paperwork that need to be completed. There is a lot of legal jargon to decipher and, if you make a mistake or miss a deadline, your bankruptcy petition can be denied.
A bankruptcy lawyer will work with you from day 1 to make sure you have all of the necessary documentation together, to fill out your means test, to help you complete the actual filing forms, and to make the formal filing on your behalf. The attorney will also appear with you at your meeting of creditors, and act as a third party contact between you and the courts. Hiring a lawyer does cost money, but doing so will really help you to ensure the case goes through smoothly.
Wiki User
∙ 13y agoIt depends on what Chapter you file under and how complicated your case is.
Your lawyer will definitely go to the meeting of creditors with you, where you sit before the trustee for an interview that, for most people, is a formality.
If you have more assets than you are allowed to keep, the lawyer will negotiate terms with the Trustee. This can take the form of surrender of assets or payment of cash in lieu of giving up assets (Chapter 7) or submission and amendment of your payment Plan (Chapter 13/11).
If you have been accused of bankruptcy fraud or abuse, whether intentional or not, you will need an attorney to defend you through the process. This might cost extra.
With all this in mind, your lawyer's primary job is to set you up before you file so that none of this bad stuff happens. And if it has to, your lawyer's job is to prepare you so that there are no surprises. The most important part of your lawyer's job is what happens before you file.
This is not intended as legal advice. It is a general answer. Consult an attorney as to your specific situation.
Henry Paloci
Member, CA Bar and FL Bar
http://www.cleanstartbankruptcy.com
Wiki User
∙ 9y agoThey review the bankruptcy plans of those that have declared bankruptcy. They evaluate the plan to determine if it is as fair as possible to all concerned. They approve the plan and it is then executed.
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Can lawyer file bankruptcy?
Sure
Can you file bankruptcy for lawyer fees?
You cannot file a bankruptcy directed at one single debt.
In order to file bankruptcy must you have a bankruptcy attorney?
If you are filing for personal bankruptcy it is not necessary to have a lawyer. If you are filing for business bankruptcy, you must retain a lawyer on your behalf.
If your lawyer fails to file a motion to avoid a property lien during the bankruptcy hearing can this be fixed?
Yes. You or your attorney will need to file a motion to reopen the bankruptcy. Once the bankruptcy has been reopened, you can file your motion to avoid the lien.
Where can one file for bankruptcy or fraud?
In order to file for bankruptcy a person will need to hire an attorney or lawyer. Bankruptcy has long term financial consequences for the person so a competent attorney should be hired.
How can one find out if one is able to file for bankruptcy?
To find out if one is able to file for bankruptcy, one should seek information from a lawyer or someone familiar with bankruptcy. Another option is to visit WikiHow's website.
What is necessary to file for bankruptcy?
Filing for bankruptcy is a complicated process and one should consider hiring a lawyer to help with the filing process. You also need to undergo credit counseling and be aware of what type of bankruptcy to file.
Where can I find free information on reasons to file bankruptcy and how to claim and file bankruptcy on my own?
It's very difficult to file without a lawyer, but it can be done. The US government themselves lay out the process at http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/FilingBankruptcyWithoutAttorney.aspx
What kind of services do business bankruptcy lawyers offer?
A business bankruptcy lawyer can guide your business through the bankruptcy process, and ensure that you can maintain as much of your assets as possible while undergoing the bankruptcy process.
What if your debt has been handed to a lawyer and you cant pay it?
You may have to file bankruptcy if the debt is large, or the lawyer will place a garnishment on your wages .Get some legal help of your own if you possibly can. Once you file , collection and garnishments will cease til the outcome of your bankruptcy proceedings.
What is the process for using bankruptcy chapter 13?
First, contact a lawyer in your state to make sure you qualify. The lawyer in your state will be able to walk you through the proper steps to file chapter 13 bankruptcy.
How often can one file bankruptcy for businesses?
The first step in filing bankruptcy for any business is to speak with a bankruptcy lawyer. There are many different types of bankruptcies and one needs to know which one to file before anything else can be done.
