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Archive for the ‘Bankruptcy & Debt’ Category

How to Find a Good Bankruptcy Attorney

Wednesday, August 3rd, 2011

If your debt is serious enough that you are considering declaring bankruptcy, it may be time to talk to a lawyer. After finding out about what is required, as well as the probable results of the case, you may decide not to do so. Equally as important as this decision is that of selecting the right bankruptcy attorney. Most bankruptcy attorneys are associated with a law firm, so it’s important that your research goes beyond that of the individual alone.

Find an experienced bankruptcy attorney
Make sure you file with an attorney who has years of experience working in the field of bankruptcy, some law firms cover several specialties, rather than specialize in bankruptcy law. This can have a negative effect on your case if you file with an attorney who only deals with bankruptcy cases occasionally. Finding a seasoned attorney who understands the laws of the bankruptcy code in your state to file your case with will make a huge difference in the outcome. Also make sure the law firm or attorney are able to guarantee your case will be filed accurately.

Find an attorney with low flat fees and payment plans
The attorney or law firm should understand that you have a huge financial problem and you may not be able to shell out their fee in full, which can range from $700 to $1700 depending on which state and city you live in. When you find an attorney who’s willing to give you payment options it shows that they understand your situation and are sympathetic to the fact that you are strapped for cash.

Find an attorney that offers free consultations and evaluation of your bankruptcy case
Personal bankruptcy is one of the toughest decisions you’ll ever make, with so much pressure and the creditor harassment you may be experiencing you don’t want to be worried about spending unnecessarily and a bankruptcy consultation should in fact be free. Your attorney should put your needs first by providing a free evaluation of your current financial status. If the attorney you contact insists or refuses to waive their consultation fee, look for another attorney. There are too many law firms and individual bankruptcy attorneys who are happy to offer free consultations, there’s no need to pay for one.

Evaluate the attorney and client relationship from the beginning
You need to feel comfortable with your attorney, a good bankruptcy attorney will be able to guide you through this difficult time by providing not only the adequate bankruptcy service you need, but by being understanding and sympathetic to your case. They should be able to relieve the pressure you’re under and you should walk out of their office feeling comfortable about your decision to file personal bankruptcy. Your attorney should also have the willingness to answer your questions however specific they may be.

Do not worry about location and proximity
Whether you file chapter 13 or chapter 7 bankruptcy, you should not limit yourself to filing with just any attorney because their office is 10 minutes from your home. We’re in the age of information and electronic communication, and everything you need to file your case can be done electronically (email, fax etc) starting with your free evaluation. More cases are being filed online with bankruptcy law firms across the nation, remember that you want the most experienced and most economic service so don’t overlook filing bankruptcy online.

Credit report assistance after your bankruptcy discharge
You’ll more than likely find that filing personal bankruptcy begins to show its effects about three months after your discharge when you check your credit report and find that you have accounts that are still labeled delinquent, late or in collections. Your bankruptcy attorney should be able to recommend a path for solving these discrepancies which can certainly hurt you when you begin to rebuild your credit.

Research your chosen bankruptcy attorney or law firm
It’s important that you do some digging and check the worthiness of your chosen bankruptcy attorney, one of the best sources of information for consumers is the Better Business Bureau website. Any business, company, corporation or law firm that cares about providing quality service is registered with the BBB. If your chosen attorney or law firm is not, then at least gather some referrals to see what level of service they have provided in the past. Remember that experience is important and the track record that the BBB will reveal about your attorney will either give you reassurance or make you think twice about hiring them.

Attorney S. Scott Allums, P.C. assists residents and businesses in Jefferson, Tuscaloosa, Shelby, Bibb, Walker, and Blount counties with all their bankruptcy needs. They provide personalized care and comprehensive services for clients seeking help with bankruptcy in Bessermer and other surrounding areas of Alabama.

The Basics About Bankruptcy

Monday, December 6th, 2010

The choice to file for bankruptcy is not an easy one to come to. Most people recognize the long term hit on their credit that a bankruptcy filing will have and make every effort to pay their debts accordingly. Unfortunately as evidence by the recent economic downfall there are matters that affect the ability to pay debts that are out of the average person’s control. With recent record job losses in a stale economy followed by a record number of foreclosures many people have found themselves in the unprecedented position of having more debt than income and no hope of any immediate change in status. These facts won’t stop the unrelenting calls from bill collectors or letters from collection agencies from coming though. If you cringe every time the phone rings and dread getting the mail you probably already know your options are limited.

Bankruptcy may be the only viable option to have a fresh start and rebuild your credit back up. Look at it this way, if your debts are going unpaid, the interest rate is piling up which means the debt is getting bigger and with no realistic change in your income the likelihood that you are protecting your credit by not filing bankruptcy is just wishful thinking. Since bankruptcy is such a complex subject you cannot do it alone. Bankruptcy falls under the jurisdiction of the Federal courts, not the local or state courts and the rules and regulations that guide the process are complex. For example the courts now require that anyone filing bankruptcy receive credit counseling within 180 days of filing and the certification to verify this requirement goes in the court filing papers.

You will also need to show income, assets, debt and expenses. The courts will examine everything closely to see if your assets can be liquidated to pay off the debts and if you have assets a debt payment plan will have to be worked out to pay all the debtors something, if not the whole debt. Anything not included such as hidden assets will generally be found by the due diligence of the court. It is also vital that all debts be listed or they will not be included on the discharge so having a bankruptcy attorney walk you through the process can ensure it is done correctly.