Questions to ask when choosing a Bankruptcy lawyer:
Are you Certified as a Specialist in Consumer Bankruptcy Law by
the American Board of Certification?
The American Board of Certification (ABC) is a nonprofit organization
dedicated to serving the public and improving the quality of the bankruptcy
law bars. ABC certification serves the public by allowing potential clients
to make an informed decision in choosing bankruptcy and creditor's rights
counsel. In addition, ABC certification encourages attorneys to strive
toward excellence and recognizes those attorneys who have met the rigorous
ABC standards. Most communities have attorneys who have been certified
as a specialist in Consumer Bankruptcy Law by passing an exam on the law
showing that they have spent a certain amount of time on different bankruptcy.
A certified attorney is then required to renew his/her certification by
showing a maintenance of the requirements every three years. A list of
attorneys certified in Consumer Bankruptcy Law can be found at www.abcworld.org
How many years have you been doing Bankruptcy
work?
There is no question that experience improves a person's skill in any
task. While bankruptcy is usually not extremely complex, an experienced
attorney simply has faced more issues and is usually better able to anticipate
and deal with problems that may arise.
How many Bankruptcy proceedings have you participated
in?
An attorney who considers bankruptcy the main part of his/her practice
is more likely to keep up with developments and changes in bankruptcy
law. Logically, the more cases one has participated in, the more experience
and knowledge he/she has gained in the field of bankruptcy.
How many national Bankruptcy seminars do you
attend annually?
Bankruptcy, like all aspects of law, is constantly changing. There are
numerous organizations which put on seminars, conferences and conventions
for bankruptcy lawyers. Attendance at these meetings allows a bankruptcy
attorney to keep up with the law and interact with and learn from others
who can express fresh ideas on helping people deal with financial difficulties.
Are you a member of any national professional
organizations?
Membership in professional organizations allows an attorney to stay on
top of changes in bankruptcy laws and procedures. Many organizations issue
regular newsletters and reports which keep track of court decisions around
the country. Today, even more important, these organizations have created
internet locations which provide immediate news and bankruptcy "chat"
formats for bankruptcy lawyers to interact to exchange ideas and deal
with common problems. Many of these organizations host web sites which
provide information to the general public. Visit: www.abiworld.com,
www.NABT.com, and www.NACTT.org.
Are you the attorney who is going to interview
me, and are you going to be the attorney who is going to be with me at
my Bankruptcy hearing?
Bankruptcy is usually a stressful process. Often, you will reach a level
of comfort with the attorney after having met with him and discuss your
financial difficulties. The continuity of having that same lawyer then
sit with you at your bankruptcy hearing might be important to you.
Can schedule an appointment to see you if I have a question
or problem?
It is important to have access to the bankruptcy attorney. Problems sometimes
arise which require a visit to the attorney. Usually a short visit will
result in the attorney dealing with a bill collector who keeps calling
after a bankruptcy is filed, a forgotten creditor may need to be added,
or a Reaffirmation may need to be signed on a car loan. It is important
that the client be able to make an appointment to visit the bankruptcy
attorney.
Does the attorney meet with the client, one-on-one,
to discuss the financial problems?
You should be able to receive an appointment where you can meet with the
attorney to privately discuss your financial problems, face to face.
Have you ever participated in a Bankruptcy
Appeal to the Bankruptcy Appellate Panel or the U.S. Court of Appeals?
Bankruptcy cases are appealed to either the Bankruptcy Appellate Panel
or the United States District Court. You may have an issue where you lose
and need to appeal, or, you win and the other side appeals. Having chosen
an attorney with experience in the appeals process will be of great value
if an appeal takes place.
Do you complete the appropriate Bankruptcy
forms after I provide a list of creditors, or do I have to fill out forms
and bring them, or mail them, to you?
It will be easier to prepare the documents needed for a bankruptcy filing
if the attorney asks you to provide the list of creditors and he/she then
sits with you to complete the forms required by the court. Having the
attorney participate from the beginning in the paperwork also insures
that the proper information is submitted.
Am I interviewed by a licensed attorney or
a non-attorney para-legal?
If the interview is held by a licensed attorney, then that attorney can
give legal advice along the way and answer the legal questions. Additionally,
this would eliminate the duplication and waste of time which would occur
where some questions are answered and some have to be re-asked later to
the attorney.
Does the Bankruptcy Attorney handle both Chapter
7 and Chapter 13 cases?
A person who has financial difficulties usually wants to know his/her
options under both Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code.
Filing under one chapter may sometimes be preferable to filing under the
other. At the meeting with the attorney, an analysis of the benefits of
both would normally be discussed. It would be advantageous to meet with
an attorney who has experience in filing under both chapters.
Will I be given a firm price once I have met
with the Attorney?
As with any consumer transaction, one should ask for and receive a firm
price for the cost of bankruptcy services during the initial meeting
with the attorney. Prices will vary and the consumer should not be shy
about asking for the cost of services and the cost of any ancillary
services that might be needed in the bankruptcy process.We are a debt relief agency we help people file Bankruptcy Petitions to obtain relief under the Bankruptcy code.
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