“What can a bankruptcy lawyer do for me?”

That is the essential question for many clients when it comes to hiring an attorney to handle their Chapter 7 bankruptcy case.

Filing bankruptcy is a tough, stressful time when money will be especially tight. So I’m going to explain EXACTLY the role I play for my clients – it is what you should expect from any experienced, conscientious bankruptcy attorney.

In a typical Chapter 7 consumer case …

The attorney for the person filing will perform the following functions:

1. Analyze the amount and nature of the debts owed by the person filing and determine the best remedy for the person’s financial problems.
2. Advise the person filing of the relief available under Chapter 7 and the other chapters of the Bankruptcy Code, and of the advisability of proceeding under each chapter.
3. Assist the person in obtaining the required pre-bankruptcy budget and credit counseling briefmg.
4. Assemble the information and data necessary to prepare the Chapter 7 forms for filing.
5. Prepare the petitions, schedules, statements and other Chapter 7 forms for filing with the bankruptcy court.
6. Assist the person filing in arranging his or her assets so as to enable the person to retain as many of the assets as possible after the chapter 7 case.
7. Filing the chapter 7 petitions, schedules, statements and other forms with the bankruptcy court, and, if necessary, notifying certain creditors of the commencement of the case.
8. If necessary, assisting the person filing in reaffirming certain debts, redeeming personal property, setting aside mortgages or liens against exempt property, and otherwise carrying out the matters set forth in the statement of intention.
9. Attending the meeting of creditors with the person and appearing with the person at any other hearings that may be held in the case.
10. Assist the debtor in attending and completing the required instructional course on personal financial management.
11. If necessary, preparing and filing amended schedules, statements, and other documents with the bankruptcy court in order to protect the rights of the person.
12. If necessary, assisting the person in overcoming obstacles that may arise to the granting of a Chapter 7 discharge.

The last word …

The fee paid, or agreed to be paid, to an attorney representing the person filing in a Chapter 7 case must be disclosed to and approved by the bankruptcy court. The court will allow the attorney to charge and collect only a reasonable fee. Most attorneys collect all or most of their fee before the case is filed.

Good to know, isn’t it? Thanks for reading and let me know if you have any questions,

Matt

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Matt Hughson

New York Bankruptcy Lawyer

Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: mhughson@zifflaw.com
Web: http://www.zifflaw.com

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