What To Look For In a Bankruptcy Attorney
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Posted by: Rob Cohen
A Good Attorney Can Guide You Through the Bankruptcy Process
When you are thinking of filing for bankruptcy, you want to make sure that you hire a competent, skilled, experienced bankruptcy attorney who can guide you through the process. Many years back, you were able to file bankruptcy on your own if it was a simple case. You were able to buy forms from an office supply company, fill them out either typewritten or handwritten, make photocopies, file them with the clerk and go to court. The bankruptcy process back then was very simple, the trustees were a little bit more helpful, especially on an individual filer without an attorney. And unless there were significant assets, the person was most likely going to get shuffled through the system and brought to a conclusion.
Bankruptcy Law Changed in 2005
Things changed when the law changed October 17, 2005. Everything involved with bankruptcy got more difficult. The trustees job got more difficult, the judges job got more difficult in the attorney’s job got more difficult. There are pre-filing requirements as well as post-filing requirements now. You have to be very careful about the timing of when you do things, when you file things, what you say in front of the trustee and what you do vis-à-vis your creditors.
By hiring an experienced attorney, you can rest assured that your case is going to go through the system smoothly. The right attorney knows when to file, how to file and how to prepare the proper documentation to satisfy the trustee, the courts and the judges. If you try to file on your own, and it turns out that you have an asset that can be taken by the trustee, then the trustee does not have to let your case dismiss. The trustee can keep the case alive against your will in an effort to administer your nonexempt assets for the benefit of creditors.
Protect Your Property
This is the reason why you would need an attorney more than any. The mere fact that you might have property that can be taken and sold to pay your debts is something that an experienced bankruptcy attorney will be able to spot right away. An experienced attorney will know what the exemptions are for your state, whether they be the federal exemptions or your individual state exemptions. The attorney will be able to give you a great idea as to whether or not there are non-exempt assets that are potentially at risk of being taken by the trustee. If you go it alone, you are going to be held to the same standard that a bankruptcy attorney is held to. Thus, you might as well have an attorney professional representing you in your bankruptcy case. For more information and to learn about your rights under the bankruptcy code, contact Joliet bankruptcy lawyer David Siegel.
Read also: Why Do You Have to Pay All of Your Chapter 7 Fees Before a Case Is Filed?
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Rob Cohen, the Managing Partner of Cohen & Cohen P.C., is a bankruptcy attorney that practices in Colorado and Wyoming. He serves as a Chapter 7 Bankruptcy Panel Trustee, and has to date administered over 8,000 Chapter 7 bankruptcy estates. Rob is a Certified Consumer Bankruptcy Specialist, and was nominated for Denver Business Journal’s 40 under 40 in both 2014 and 2016.
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