Bankruptcy Lawyer
Bankruptcy Lawyer questions and answers
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Q: What is the usual cost to get a bankruptcy lawyer?
I'm in Utah and am going to be filing for chapter 7 bankruptcy soon. Obviously, I'm filing for a reason and I don't have much money for a lawyer. So, I'm just wondering about how much I'd be spending for a lawyer to take care of it, or if I should just learn & do it without one. Thanks for the help!
A: Once again, it depends. If you have no assets and are willing to put some time into it, go for it. People who respond that you need an attorney are either people who had a ton of assets, trusts, went through a divorice, are incompetent, have never filed before and read on google that it is hard, or are simply attorneys looking to make a quick 2500 bucks. It is NOT hard. It is actually pretty simple considering. I filed my own chapter 7, got the credit counseling fee waived and the $299 filing fee waived. I saved well over 2 grand. The clerk at my courthouse was super friendly as well. If you miss a form, they let you know. If you are a no asset case, I could probaby help you out if you have paypal ;) Otherwise, being broke is the best thing. You get your credit counseling fees waived...those are about 75 bucks each, and you get the 299 filing fee waived.
And to answer your question, I had the simplest bankruptcy known to man and the cheapest attorney wanted to charge me $1600.
Q: How can I find out if a bankruptcy lawyer in Los Angeles is trustworthy?
I'm trying to find a reputable and affordable bankruptcy lawyer in the Los Angeles area but there are many sites, ads in the paper of people who claim to be attorneys when they are not. Please advise ....
A: If you want to find the best lawyer, visit this site
http://find-lawyer-usa.blogspot.com/
Here you can find the best lawyer fast and free.
Q: What do you think of my bankruptcy lawyer?
I am being charged a $1500 retainer. I had to sign something that said I would pay any cost over $1500. The paper work I signed says the rate is $150 per hour. I am worried about having to pay more than $1500. That amount given the lawyer's rate is 10 hours worth of his time. Do you think a simple bankruptcy (credit cards only) will take more than 10 hours? I live in Michigan.
A: $1500 for a Chapter 7 would be a bargain in this neck of the woods (San Diego.) I'm guessing that's the chapter you're filing (?) Sounds like a reasonable fee, but you can always check around in your city. Attorney's fees are negotiable. If you're uncomfortable with the exposure to a possibly higher fee, ask the attorney to set a limited, fixed fee and commit to it in writing. If he refuses, you can probably insist on a full refund and shop the fee elsewhere. Be careful, though. When shopping for legal services, finding the lowest price isn't the most important thing. An inexpensive fee with shoddy work doesn't end up saving you any money.
If your case is a Chapter 13, that's a different analysis, but the fee still sounds reasonable, even inexpensive, but unrealisticly low.
I am a bankruptcy attorney in San Diego, California. http://www.bankruptcy-sandiego.com
Q: Will a bankruptcy lawyer drop your case if you can't provide all required documentation?
My wife and I are wanting to declare bankruptcy and our lawyer is asking us for our last 2 years tax returns.
We have one, but moved in the last 2 years and do not have a completed 2007 form. We can't find our W2's. I am trying to get it the original ordered through the IRS but it takes 60 days.
What is the usual protocol? Will the court and lawyer wait for us to get it?
A: Explain to your lawyer if it's a problem. I'm sure you are not the first one this has happened to and they will wait. Lawyers aren't the parasites so many seem to think, they charge for the work they have to do and believe me, sometimes dealing with people is worth well more than lawyers charge. If you can do it on your own, you should. If you have an IRS office nearby, request it in person, it tends to be faster.
Most lawyers charge a flat fee for bankruptcy, so the nonsense about lawyers trying to earn more doesn't apply.
Assuming you filed for bankruptcy rather than being forced into it, then the court should wait. Just realize the debt and interest continues to accrue during that time and if foreclosure is an issue, that may happen anyway.
The person to ask is your lawyer. Let him/her know right away so they can take the action they need.
Q: Can anyone recommend a bankruptcy lawyer in Las Vegas?
Does anyone know of a good bankruptcy lawyer in Las Vegas? I'm looking for someone that might be in the West side of town, near Summerlin. Anyone know how much it costs? Is it a flat fee or or do different lawyers charge different fees?
A: Call your county bar association for a referral.
Q: What if you can't afford a bankruptcy lawyer?
If you lose a job and can't afford a bankruptcy lawyer and you can't pay your bills and have to stop paying on things like credit cards what happens at that point? I mean, can creditors take you to court? I know this sounds stupid but can you go to jail? If the bank is foreclosing on your home and you sell everything you own except necessities and move to an apt can they come and take even those necessities from you?
A: You can go to www.cccs.org
They will help you make payment arrangements, and stop the bill collector calls. They will prevent court action. It is a non-profit, and they do not charge you for their service.
I hope they can help you, if you are faced with this challenge. Good luck!
Q: Anyone know a cheap bankruptcy lawyer in the Puget Sound?
I've avoided it for as long as I could but I have to file for chapter 7. I have talked to a lawyer and the fee was $1500 from them plus the $249 filing fee for the bankruptcy.
A: Check it out here. It’s an excellent site with some wonderful options for you. It will definitely help you. Have a look.
http://bankruptcy-info.we.bs/
Best of Luck...
Q: Are the fees I paid my bankruptcy lawyer and trustee tax deductible?
I filed bankruptcy paying over 3k to my lawyer and fees to the Bankruptcy courts are any of these fees tax deductible?
Thanks,
For those of you who have the smart stupid remarks the bankrupcty i filed was a chapter 13 which means everyone was paid back. So I didnt get over on anyone or get forgived of any debt.
A: At first blush those legal expenses would appear to be personal legal expenses and therefore not deductible. However if you were able to make a case that your bankruptcy was an effort to produce taxable income it would be deductible. It would require very careful understanding of the nature of your bankruptcy proceeding to make such a case. If you are self employed and the bankruptcy is directly related to that activity you could have an argument.
As for you being concerned about cancellation of debt as income bankruptcy is an exception. You may have some adjustments to basis of any property that you retain on which debt was canceled.
If you would like to learn more about this check out IRS Publication 908 at the following link.
http://www.irs.gov/pub/irs-pdf/p908.pdf
Q: I'm looking for a reputable bankruptcy lawyer in the Metuchen, New Jersey area? Any reccommendations?
I need to file bankruptcy, and don't know how to find an honest bankruptcy lawyer.
A: Be sure to get one that will offer a free initial meeting, so you can get your questions answered. Try here for a good bankruptcy attorney referral: https://www.bankruptcyhome.com/eval.htm
Q: Can a creditor of a loan send me to small claims after i have retained a bankruptcy lawyer?
CAN A CREDITOR OF A LOAN STILL CALL ME AFTER I HAVE ALREADY RETAINED A BANKRUPTCY LAWYER? NOTE THAT I HAVE NOT PAID THE LAWYER IN FULL. I WILL PLAN TO IN FEB 08.
A: It would be in your best interests to pay your attorney as soon as possible. As you've been told, retaining a lawyer and filing for bankruptcy protection are two separate things.
Once the filing has occurred, an automatic stay goes into effect. The automatic stay prevents a creditor from contact you, suing you, or repossessing your property.
Once you are served a Summons and Complaint through small claims court, you do have 10 to 30 days to respond (based on your local laws and rules). Failure to respond during this time will cause a judgment by default and this is not a good thing.
Once a creditor has a judgment against you, they can start further collection activities. Your wages can be garnished and your property can be seized and sold. While this does not happen in about half of these cases, you do not want to run the risk of getting your wages garnished.
While you are on thin ice, do not despair. Even if your creditor does get a judgment against you, if you do successfully file for bankruptcy and receive a discharge, the creditor's judgment will be useless.
You also need to contact your attorney as soon as possible. Let him know what is going on and that you are being faced with the threat of legal action. The attorney may discount his fees enough that you can retain him and file your bankruptcy. Much of the fees your attorney charges are his fees and not the fees of the court. While the attorney cannot file your bankruptcy while you owe him money, he does have the right to discount his fee.
Another possible option is to contact the legal aid or public assistance offices in your area. Chapter 7 bankruptcy is pretty straightforward and if you are facing the threat of legal action, the legal aid department can refer you to an attorney who will not charge you a fee or who will charge significantly less than another attorney.
I wish you the best of luck with your situation!
**I have not provided any legal advice. While I am an attorney, any reference to any law is for informational purposes only. You should seek competent representation in your state. **
Q: how much should a bankruptcy lawyer cost?
I live in NJ and I'm looking for a bankruptcy lawyer, so far I only got one quote and they told me they charge $3000. I feel that that is a little high, especially since I'm trying to file because I have no money for the bills so where am I suppose to get 3000 dollars. Does anybody know a lawyer either in the NYC area or in North Jersey that charges something reasonable?
A: I have sent you a link to the New Jersey Bar Association, they have a lawyer referral section as well as you can surf the site to see what attorneys in your area handle bankruptcies. You don't say what chapter bankruptcy you were quoted for. Was this a chapter 13?? If so, that's a pretty close amount to file. As far as coming up with that amount of money, you can get in to see most bankruptcy attorney's on a free consultation, after they review your bills and what you will include in a filing, they can tell you what you can stop paying to come up with the retainer fee....been there, done that, seen it happen. I used my tax money and filed 2 years ago...Good Luck!
http://www.njsba.com/
Q: is this lawyer lying to my mom about her bankruptcy?
this is the situation...i received toll violations that equal 470 dollars from the state of Illinois and the violations were under mine and my moms name because she owns my car. she is filing bankruptcy and my mom's bankruptcy lawyer told me not to pay the violations because he will include them in the bankruptcy.
i thought it was against the law to put fines from the state in a bankruptcy. is that correct or incorrect?
A: Any government (like court) fines, taxes, or student loans are NOT bankruptable, so even though your mom filed bankruptcy, she'll still have to pay it. I don't know understand why her lawyer didn't know that...
How the heck did you get toll violations???
Q: where can i get a bankruptcy lawyer?
i am looking for an affordable bankruptcy lawyer for a friend that really needs one but we dont know where to look for one.looking for one in chicago.
A: www.lawyer.com
Q: What is the going rate for a bankruptcy lawyer?
Has anyone filed bankruptcy recently, i went to go see an attorney and he wanted 300.00 for a filing fee and 1200.00 for attorney fees is that the rate for a bankruptcy attorney nowdays?
A: Pretty much, between 1200 and 2000...
Q: How can I find a bankruptcy lawyer in the Paducah, KY area?
I have searched for the last 2 months and have yet to find a lawyer that wants to take my money. Everytime I get on the phone with one, they promise to get back with me with the information I need, and then they don't. I then call back and leave multiple messages but with no luck. I don't feel like I should have to chase after people to give them money.
A: Try www. daveramsey.com. His methods of repayin without going into banruptcy can help. How much do u owe?