How to Choose a Bankruptcy Lawyer

Lee Wright
During this time of economic uncertainty, increasing numbers of people are considering bankruptcy as an option to control their mounting debts. Choosing the right bankruptcy lawyer is an important step in the process. An experienced lawyer will help design a repayment plan that includes short-term help and long term solutions. There are several important factors you should consider when choosing a bankruptcy lawyer.

You should look for a lawyer experienced with the bankruptcy laws in your state who can provide references. Ideally you want a bankruptcy lawyer who only works for debtors. A lawyer who works for both creditors and debtors is less likely to be working in your best interests and more likely to be trying to get a good deal for your creditors too.

Also, you should educate yourself on the minimal basics of the bankruptcy process so you know whether something a lawyer tells you could be untrue. Any lawyer, for instance, who tells you he can erase your debts and fix all your credit problems is not someone you want to work with. Bankruptcy is a federal program to provide debt relief to some people, but you will not come out of a bankruptcy filing with perfect credit or zero debt. A good lawyer can help you file the bankruptcy papers and possibly help you negotiate with creditors, but the final disposition of your case rests with the courts.

You may need to talk to several lawyers to find someone you feel comfortable with. Many lawyers charge a flat fee for a simple bankruptcy and they will give their fees over the phone or during an initial free consultation. It is probably not a good idea to choose either the least expensive or the most expensive lawyer. The lawyer with the lowest fees may be relying on bulk filings to make his money, and the lawyer with the highest fees may have inflated his fees for what can be a fairly simple case of filing the appropriate paperwork.

A good lawyer will be able to answer your initial questions at the first meeting and tell you whether there are any special circumstances that may complicate your case. You should have a list of debts and assets prepared, as well as any questions you may have. Some situations such as child support, alimony issues, or owning real property can complicate a bankruptcy case and should be communicated to the lawyer right away. A good lawyer will also give you the name of someone in his office who will deal with any future concerns. He may not be able to talk to you himself, but you should have a contact who can answer questions and help you fill out the paperwork.

Bankruptcy is a difficult choice and a complex process but choosing the right lawyer can make it as painless as possible. Choosing a qualified lawyer who can help guide you through the process allows you to take the first steps to financial recovery.

Published by Lee Wright

I'm a free lance writer who likes to write and read just about anything. I studied accounting, business, and history in college and developed an interest in genealogy and family history. I also have a fair...  View profile

13 Comments

Post a Comment
  • Melissa J. Miller10/14/2009

    Solid advice!

  • Michael Wetherby10/13/2009

    Too many people I am afraid will need this great info, excellent work

  • Julie Darleen10/13/2009

    Great info I hope never to have to use!

  • E.D. Watts10/12/2009

    great advice

  • Betty Malone10/12/2009

    I'm with AD..!

  • ADSpencer10/12/2009

    Great info--I hope I'll never need it.

  • Memmay Moore10/12/2009

    Agree with Catherine

  • Tricia Sabol10/12/2009

    If your household has a low income, you can also contact Legal Aid in your state to see if they provide free or reduced-cost assistance for bankruptcy filings.

  • Catherine Spencer10/12/2009

    Hope I never have to use this advice. Great info though :)

  • Dave Schrader10/12/2009

    Very informative! :)

Displaying Comments
Next »

To comment, please sign in to your Yahoo! account, or sign up for a new account.