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Finding a bankruptcy attorney to help you file your Chapter 7 or Chapter 13 bankruptcy case means looking for expertise, a fair price and a communication style you’re comfortable with.
To find a local bankruptcy attorney, seek personal referrals from friends or family or your own attorney. You can also find bankruptcy attorneys through the National Association of Consumer Bankruptcy Attorneys.
How to find bankruptcy attorneys to contact
Several online directories promise to help with finding a bankruptcy lawyer in your area. Be aware, however, that many of these directories list attorneys in exchange for a fee and don’t offer a guarantee of quality.
Start with these two resources:
The ABA site lists lawyers and firms that meet its standards for lawyer referral, and you can sift through the results for attorneys that specialize in bankruptcy. You can also check your state’s bar association for local resources.
The NACBA directory lists bankruptcy attorneys exclusively. The organization is dedicated to helping consumers going through bankruptcy and attorneys who specialize in this area. That said, specialization does not equal experience, so make sure you still ask candidates all your questions.
In addition to these directories, ask friends and colleagues for recommendations if you feel comfortable doing so.
Contact a few attorneys who seem qualified and arrange a consultation with each one. Some attorneys offer free meetings. Others may charge a fraction of their hourly rate for an initial consult, with hourly rates typically ranging from $250 to $400, says Richard Nemeth, president of the NACBA.
Don’t assume no charge means lesser qualifications; starting with free meetings can help you get comfortable interviewing lawyers and may lead you to the one you choose.
At all of the meetings, aim to find out three things:
- Does the attorney have the expertise to help you?
- Are the fees appropriate?
- Would you feel comfortable working with this person?
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Experience and expertise
Successfully navigating the bankruptcy code requires a deep knowledge of this area of law and the experience to know how to use it. A misfiled form or missed deadline could result in your case being thrown out. That’s why finding a specialist is important.
“You want someone that does a lot of consumer bankruptcy cases,” Nemeth says.
There’s the perception that consumer bankruptcy cases are easy, Nemeth says. “But that’s not correct, and there’s a lot of risk,” he says. “People end up losing property they don’t have to lose if they don’t have someone who knows what they’re doing representing them.”
Ask the lawyers you contact what specialized training or background they have. Those who have bankruptcy certification from the American Board of Certification have proven they know their way around the bankruptcy code and have extra training. An affiliation with NACBA is also a sign that an attorney is committed to advocating for people going through bankruptcy.
Ask the attorneys you meet with how many Chapter 7 and Chapter 13 bankruptcies they’ve handled. And know that a good bankruptcy lawyer will also discuss alternatives to bankruptcy, such as credit counseling, with clients.
Compensation that fits your case
There is no “right” amount a bankruptcy attorney should charge, although generally a Chapter 13 filing will cost more than a Chapter 7. Fees vary from case to case and from one state to another.
You can expect to pay attorney fees between $1,500 and $2,500 for a Chapter 7 bankruptcy and between $2,500 and $5,000 for a Chapter 13 bankruptcy. The more complicated the case, the more expensive it’s likely to be. Ask about the attorney’s fee structure during your first conversation and make sure you understand what services are included.
While you may balk at the numbers, California bankruptcy attorney Cathy Moran says it’s important to find an attorney who can handle your specific situation, and the price will likely reflect that.
“If your situation is truly simple, Joe Average Bankruptcy Lawyer will do just fine,” Moran says. “But the more complicated your situation, the more valuable the assets you’re trying to protect, the more likely you need somebody with lots of experience, who probably comes at a higher price.”
Communication and compatibility
Before you hire any attorney, ask yourself if you feel comfortable being candid with them.
“It helps to have open lines of communication and trust,” Moran says. Your attorney is going to have to ask you a lot of probing questions, she says, and you have to feel safe disclosing private and sometimes unpleasant or embarrassing facts.
“The only problem I can’t fix, as a lawyer, is the thing you don’t tell me about,” Moran says.
You and your bankruptcy attorney have a serious job ahead: working to make sure you can get the best deal for your situation. That’s going to mean hard conversations, and a dedication to open communication will help.
“You have to get along with your attorney, so the vibe is also important,” Nemeth says. “Speak with them and see if you can ferret out someone who seems like they’re competent and someone you could have a good relationship with.”
Be wary of “bankruptcy mills,” or law firms that handle so many bankruptcy cases that they can’t give yours the time and attention it deserves. If in your first meeting you aren’t able to work one on one with the attorney to air your concerns and talk through your case, you might want to go elsewhere.
Not a DIY project
Keep these qualities in mind throughout your search and take your time.
Although it takes work to find the right lawyer for a Chapter 7 or Chapter 13 bankruptcy case, don’t be tempted to go without one.
“People are in financial distress that need our services, and so often they feel like, ‘I don’t want to pay for an attorney, I can fill out these forms myself,’” Nemeth says. “People get in horrific trouble by doing that. You can lose your house, you can lose your car, you can get sued…That’s a really bad idea.”
Both he and Moran agree that if bankruptcy law is too complicated for a dabbling attorney, it’s too complicated for average people to tackle on their own — or at least too complicated to do so successfully.
Finding the right attorney for your situation will allow you to execute this debt relief option properly, freeing you to focus on restoring your credit and living debt free.
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