Our Bankruptcy Attorney Blog

Although you may not know it, bankruptcy law is a very complex specialization that most basic attorneys are not really qualified to deal with. Most serious bankruptcy attorneys specialize exclusively in this field simply because it is so exacting and complicated that this degree of specialization actually makes sense. The first thing you have to determine is whether or not you even need an attorney. If you have no money, no assets, and no income, then you can probably handle the matter yourself. However, if you own a home or have other assets, an attorney can make a huge difference on how “well” you bankruptcy goes. Assuming you do need an attorney,  how can you tell if an attorney is really qualified to help you are not?

Perhaps one of the best ways is to look at the local bankruptcy court’s trustee panel as well as its debtor and/or creditor committees. These entities are all attached – with standing – the the court itself in a subsidiary role and are manned by experienced bankruptcy attorneys in the area with comprehansive experience in the local court. This is probably the best way to find the best qualified bankruptcy attorneys – or their firms – in your local area. Related to this, one can also look for local members of some of the fields professional associations such as the National Association of Consumer Bankruptcy Attorneys (www.nacba.org)  or the American Bankruptcy Institute (www.abiworld.org). Frequently you can get this infomration from the local legal aide society in your area or from non-profit debt and credit counseling agencies. If you opt for the latter, be sure to use non-profit organizations, as the for-profit ones may have a deliberate agenda of misleading you.

After you have a list of possible bankruptcy attorneys, the next thing is to look at their general operation. Unlike many courts, the bankruptcy courts tend to be small, fairly personal matters between the judges and the attorneys (the bankruptee rarely has to attend), so it is essential to choose an attorney that has a good standing relationship with the court. The bankruptcy attorneys that are in good standing understand the value of this and charge for it, so more often than not these are not “budget” attorneys, they will have excellent creditentials, and will probably have very nicve, professional offices. The “ambulance chasers” of bankruptcy law are likely to be little more than document filers for you and this you can do yourself.

Finally, do not be shy. Most serious bankruptcy attorneys will allow you to witness their work on another case from the gallery, just to let you see how they perform. Similarly, feel free to ask questions. Generally speaking, most bankruptcies are fairly simple matters for the experts, so it is entirely possible that you will not actually see your attorney until your day in court. Most of the documantation and filings can be – and usually is – handled by paralegals and legal aides as opposed to the attorney himself. While this fact leads many people to believe they can do this just as easily, more often than not they are mistaken in this assumption.

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