Hiring an attorney can be a stressful process. When that attorney is being hired for the purposes of filing for Bankruptcy relief, the stress levels are increased even further. The stigma surrounding Bankruptcy turns people off and causes them to avoid looking for help. It’s hard enough to deal with the increasing debt amounts, possible late notices, creditor calls, threats of lawsuit or foreclosure, etc., but then to go share your intimate financial details with a complete stranger is not an easy task nor something most people want to do.

Once the decision has finally been made that seeing a Bankruptcy attorney is the right decision, knowing what to ask and who to eventually hire is another difficult task. Putting such an important task in the hands of an attorney requires trust. Figuring out what attorney you should ultimately trust is crucial and should not be taken lightly. We will discuss 7 important things that you should know before you make the decision to hire a bankruptcy lawyer.

Our team at Modesto Bankruptcy Attorneys would be happy to discuss any questions you have about hiring a Bankruptcy Lawyer.

  1. What is this lawyer’s experience with Bankruptcy Law and specifically a Bankruptcy case like mine?

The act of filing and successfully completing a Bankruptcy case is a very technical and involved process. An attorney representing you needs to be well versed with the United States Bankruptcy Code, the Local Rules of the Bankruptcy Court, and also have a good understanding of the California Code of Civil Procedure. Other areas of law such as Civil, Foreclosures, Family, Garnishments, Lawsuits, Judgements, are also intertwined into Bankruptcy Law. However, a successful Bankruptcy Lawyer should focus their undivided attention on Bankruptcy Law to best represent their clients.

Some law firms promote themselves as a general law practice that practice a multitude of things, such as Criminal, Family, Civil, Employment, Bankruptcy, etc. The lawyer in such a law firm might currently have several criminal law cases, a few employment cases, a divorce case, and several bankruptcy cases. To do so, the attorney would need to spend a various amounts of time understanding and educating themselves on each type of law. While this may be good if you are a business needing to hire a general law attorney to handle everything that comes in the door, this is not something that you would particularly want when hiring a Bankruptcy Lawyer to complete one task---successfully get you through a Bankruptcy case.

Research the lawyer to ensure they are focused on and completely understand all aspects of Bankruptcy Law. Further, if your case entails something specific like a foreclosure issue, lawsuit issue, etc., ensure your Bankruptcy Lawyer has the ability to handle that. This will ensure that the Lawyer that you hire spends their primary focus and time on Bankruptcy Law, the United States Bankruptcy Code, the Local Rules of the Bankruptcy Court, all things that will help your particular case. With a greater focus on specifically practicing Bankruptcy Law, your confidence in that Lawyer successfully representing you in a Bankruptcy case rapidly increases. Do not put your finances in the hands of a Lawyer that is unable to specifically focus on the area of law that you need help with, Bankruptcy.

  1. Does this lawyer regularly practice Bankruptcy Law in my area?

With the advent of the internet, more and more attorneys are able to practice in various different jurisdictions. They can advertise online in different cities and take on cases across the entire state. Again, this might be something useful if you own a business and need general legal representation across the entire state, but when you are filing for Bankruptcy relief, this is not advantageous to you.

Bankruptcy cases are filed through the Federal Bankruptcy Courts. The Federal Bankruptcy Courts are broken out into various Districts through California. For example, the Modesto Bankruptcy Court falls into the Eastern District of California while the San Diego Bankruptcy Court falls into the Southern District of California. Thus, a Bankruptcy Lawyer that is based in San Diego would not have the same amount of knowledge of the Local Rules of the Modesto Bankruptcy Court than a Bankruptcy Lawyer that is actually based out of the Modesto area. Furthermore, since the local lawyer would regularly practice in that specific Court, they would also understand in greater detail the nuances that the local Judges and Trustees look for in a Bankruptcy case.

  1. What are the alternatives available to me to avoid filing for Bankruptcy?

Bankruptcy is definitely a great solution to financial issues and your Bankruptcy Lawyer does need to be able to fully explain the Bankruptcy process to you. However, there is a possibility that there are alternatives to Bankruptcy that could be better suited for you and help you avoid filing for Bankruptcy relief. When interviewing potential Bankruptcy Lawyers, make sure you fully discuss the alternatives available to you. Maybe there is no alternative to Bankruptcy for your particular situation but discussing that is important. If your Bankruptcy Lawyer refuses to discuss alternatives----or doesn’t have the knowledge to discuss options with you---you might want to look for an alternate Bankruptcy Lawyer.

  1. Who in the firm will handle my Bankruptcy case?

Every firm is set up different on how they handle their clients. While there is no “wrong” or “right” rule on how a firm should be set up, at a bare minimum you as the client should know exactly who and how your case will be handled from the onset to completion. It is far to common that a consumer hires a Bankruptcy Firm with the incorrect assumption that certain members of the firm will be handling their case---and unfortunately find out after hiring the firm that their perception was wrong. This leads to further frustration and possible lack of trust between your Bankruptcy Lawyer.

Understand who the members of the firm are. Discuss with your potential Bankruptcy Lawyers on who at the firm would be handling what parts of your case. If you need to, speak with the other firm members too. Before hiring the Bankruptcy Lawyer, be certain you know who you will be dealing with during your Bankruptcy case.

  1. Are the fees clear to me when hiring this Bankruptcy Lawyer?

Make sure you not only can afford the Bankruptcy Lawyer’s fees---but also make sure you actually understand them. With online advertisements taking many forms, seeing one fee online and then finding out later that your fee is actually more is quite common. When you are interviewing Bankruptcy Lawyers, ask what the fees will be. Find out if any additional fees will come due at any point. Make sure the fees are explained not only verbally but also in writing. Once you understand the fees and you are comfortable with them, make sure the fee agreement mimics that understanding. Do not sign the agreement until you have no concerns remaining regarding the fees.

  1. Will I be comfortable working with this Bankruptcy Lawyer?

Depending on what Chapter of Bankruptcy you actually file, you will be in your active Bankruptcy case from anywhere between 3 months and 5 years. There will be a lot of involvement you have with your Bankruptcy Lawyer and members of their office---this could be via email, via phone, via text, or even in person. That being said, you do not want to work with a Bankruptcy Lawyer that you actually dislike for whatever the reason is. You will be spending a lot of time with this Bankruptcy Lawyer going through the Bankruptcy process. You do not want to spend your hard-earned money and then instantly hate the person you are dealing with. Make sure your personality is able to work efficiently with your Bankruptcy Lawyer.

  1. Do I know what will be required of me during this Bankruptcy process?

In order to file Bankruptcy, there will be some leg work needing to be done by you, the client. What that work is depends on what agreement you have with your Bankruptcy Lawyer. It’s important to know what will be required of you prior to hiring a Bankruptcy Lawyer. There will be certain documents you need to gather---likely a questionnaire you need to complete—etc. Talk to your Bankruptcy Lawyer candidates about this so you know what you need to do once you hire the Bankruptcy Lawyer. This will ensure there are no surprises once you do hire the Lawyer and your case can efficiently move forward.

How Can Modesto Bankruptcy Attorneys Help?

Our Legal Team at Modesto Bankruptcy Attorneys would love the opportunity to speak with you regarding your particular situation. Please reach out to our office by clicking HERE or by calling 209-314-3010 and schedule a Free Consultation with our dedicated Bankruptcy Attorneys.