Sunday, October 30, 2011

Know what is included when you hire a bankruptcy attorney.

When you hire a bankruptcy attorney you can expect the following services:

a.  Analysis of the your financial situation, and rendering advice to you in determining whether to file a petition in bankruptcy;

b.  Preparation and filing of any petition, schedules, statements of affairs which may be required;

c.  Representation of you at the meeting of creditors and any adjourned meetings thereof.

You can also expect that your attorney will negotiate with the Trustee regarding any non-exempt assets and purchasing them back from your bankruptcy estate.

Most attorneys will not include adversarial proceedings in the services to be rendered. Adversarial proceedings are time consuming and expensive, but very rare. They are usually filed only when the creditor suspects fraud and wants the debt determined to be non-dischargeable. In addition, most attorneys will not include proceedings to have money judgments, which have already been entered against you, rendered null and void. There is a motion to get money judgments determined null and void. It requires more time on the attorney’s part to draft the motion and notice and make sure an order is entered. If you have any judgments against you, be sure to provide certified copies to your attorney.

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