Tuesday, December 1, 2009

Which Bankruptcy Lawyer?

Bankruptcy is one area of the law that is booming right now. If you're thinking of filing, you have dozens, if not hundreds, of options when it comes to choosing a bankruptcy attorney. Any lawyer licensed to practice law and admitted to practice before the local federal court can file a bankruptcy for you. The question is, should she?

Congress, in its infinite wisdom, requires attorneys to tell their prospective bankruptcy clients that the client doesn't need an attorney to file bankruptcy. And the bankruptcy courts have done a good job of making the forms you need available online. But that's where the government's help ends. It's up to you to figure out how to fill out a form. Is that debt secured or unsecured? Does it go on Schedule D or Schedule F? What's an executory contract or lease? Should I mark the box "reaffirm," "surrender," or "redeem"? And did you know there is a fourth option that isn't on the form?

When choosing a bankruptcy attorney, as in most things, you get what you pay for. Someone's fees might be low because he just switched from doing divorces to bankruptcies last week. Don't automatically choose the attorney with the lowest rates or the biggest Yellow Pages ad.

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