Bankruptcy Lawyers

Tips on Finding Competent Bankruptcy Lawyers

Bankruptcy is a specialized field in the practice of law. Any attorney can take on a bankruptcy case, but that doesn’t mean he’ll handle it correctly.

Then there are the guys who advertise $99 bankruptcies or the paralegals who fill out the forms and give you advice on what to do, but don't actually appear on your behalf, the so-called bankruptcy mills.

When you are contemplating bankruptcy, you are in a poor financial and emotional state. But the choice of the right bankruptcy lawyer is important. Wrong advice or sloppy legal practices can cost you your home or put you through a bankruptcy where little or none of your debts are discharged.

The other bankruptcy lawyers you will be up against are all pros. They do bankruptcies every day of their lives. They know what to do and when to do. I would not want to be represented by anyone less competent than they are, no matter how clear cut the case appears. I certainly would not want to face them on my own.

Bankruptcy costs, including attorney fees, are one of the items that receive priority. You have to pay them to get your discharge.

I would recommend getting the names of qualified bankruptcy lawyers through your county or state bar referral service. They will give you the names of two or three lawyers who will be competent to help you. Or you can find a local bankruptcy attorney by clicking the link.

Legal aid offices might keep a list of names of good bankruptcy lawyers as will credit counseling services.

Or go to the bankruptcy court and ask lawyers representing creditors or acting as trustees for recommendations.

Unfortunately, a competent bankruptcy attorney will charge several hundred dollars or more depending on the complexity of your case. If you have a no asset Chapter 7 case, you might get away with paralegal help or a $99 job (make sure there’s no bait and switch and suddenly the fees jump – get a retainer agreement in writing).

I would definitely want a very good attorney if I were planning a Chapter Thirteen filing or had a lot of assets that need to be protected. Simple mistakes can cause you to lose a lot.

Unfortunately a lot of the $99 guys and the bankruptcy mills are too busy or inexperienced to recognize or properly handle problems that require immediate attention.

You will have a cause of action against the lawyer for malpractice if he messes up your case, but the damages you are able to collect might not make up for your losses.

For example if you house is foreclosed improperly, your damages will likely be limited to your equity in the property and will not include the emotional distress of losing your home.

Shop around and don’t think you’re being foolish for paying a bit more for legal fees than you see advertised in the local papers.

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