Sunday, May 16, 2010

How to Choose, Review, and Hire a Bankruptcy Attorney

Are all bankruptcy attorneys equal? Not when it comes to time, money, experience, and knowledge. This guide shows you how to hire the right one.If you're considering filing Chapter 7 or Chapter 13 personal bankruptcy, one of the biggest decisions you'll make isn't how you handle the court, the documents, your assets -- no, it's how you choose an attorney. That's the first step in filing. This guide shows you how.

How an Experienced Attorney Helps
Say you make over $60,000, but have large debts in a variety of places. Already, you most likely will not be able to use Chapter 7 bankruptcy. You might be getting a lot of creditor harassment. You may be falling behind in mortgage payments.

In this case, an experienced attorney can help you 1) decide how to handle creditors and 2) how to file for Chapter 13 to save your home.

In this case, you make too much to file the more common Chapter 7. However, it might be better to file for Chapter 13 anyways. Why? Because the debt repayment plan allows for you to pay back on your mortgage, car payment, and credit card bills over 3-5 years. An experienced attorney helps, of course, in far more situations that that. A bad one could cost you time and money.

How an Inexperienced Attorney Doesn't Help
An inexperienced attorney may not be lacking talent, just time. Many attorneys take on too many clients and don't have time to educate you on filing and handling negotiations. In other ways, an attorney needs to have the time to spend with you to get this right. If they lack clear experience, even if the price is right, you should be thorough in reviewing them.

How to Hire Based on Price
Experienced attorneys aren't always cheap, but the reality is most of the rates are uniform. Bankruptcy law is about hiring based on experience. You might pay more initially to hire the right attorney, but it saves you more time and money in the end.

How To Look Online
If you're interested in hiring a lawyer, you might wonder how to start. There are state bars in every state, but also many attorneys have sites and blogs showcasing how they can help you. Now, you shouldn't hire the first one you find, but you can go over a variety in a short amount of time researching online.

How to Query Attorneys
You query to find rates, years experience, and availability. Few lawyers will turn down work, but you should be clear you want adequate time spent on this case. A phone call or two is not enough. Query 5-10 attorneys you feel have the experience.

Who You Hire
Deciding who to hire based solely on price sometimes is your only option, but remember, your financial future is at stake. Hire for experience, hire for reasonable rates, hire a lawyer for taking a personal interest in helping you.

What is a Bankruptcy Lawyer?

Bankruptcy refers to the process of law that allows a person in financial difficulties to overcome and survive the crisis. This can be done by legally redistributing, reducing, or extended the terms of the debt. A lawyer is needed to handle these complex legal matters. A lawyer that specializes in these cases is often referred to as a bankruptcy lawyer or bankruptcy attorney.

Not every lawyer is a bankruptcy lawyer. Just as doctors, and even mechanics, specialize in certain fields, so do lawyers. While any lawyer might take on a bankruptcy case, bankruptcy lawyers have an interest in this field, have perfected their knowledge and understanding of the relevant laws, and are experienced in handling these cases.

The bankruptcy specialization is specified according to each state. Some states have a recognized specialty in bankruptcy law, while some do not. A lawyer so designated will have certain training and certifications that make him or her an expert in that field. Even if your state bar does not recognize a designation for specialization in bankruptcy law, there will be a local lawyer referral agency that can recommend an attorney with the experience and qualifications to do a good job in bankruptcy cases.

A person in dire financial straits may be well advised to seek out a specialized bankruptcy lawyer. They can help the client to find legal solutions to their debt problems, and help to ameliorate or avoid the most serious consequences of bad debt, such as loss of property and long-term damage to credit status.

Lacking a specialized bankruptcy lawyer, a person may make mistakes by agreeing to the demands of creditors through not understand their rights as well as their obligations. Without the extensive knowledge a bankruptcy lawyer brings to the case, the debtor may lose assets that could have been spared to help rebuild a life after bankruptcy.

Bankruptcy law, while based on the U.S. statutes, is also subject to state requirements. It is important to find a bankruptcy lawyer who understands the local as well as national laws.

It should be remembered that while bankruptcy law is designed to give an unfortunate debtor a chance to survive the crisis, save some assets and move on, the law is also designed to make sure that the creditors are treated fairly and receive the best possible return on the debt. A competent and ethical bankruptcy lawyer will stand in favor of the debtor, while recognizing the claims of the creditor, and will work toward the best solution possible for all parties.

Why Does a Bankruptcy Attorney Give a Free Bankruptcy Case Review?

Over time you may have found that society draws a rather adverse picture of bankruptcy attorneys or attorneys in general. Society may depict attorneys as professionals who are greedy and tend to chase money. When you actually start dealing with a bankruptcy lawyer you will most likely find this not to be the case at all.

If you are in a position where filing bankruptcy may be your only solution a professional, a licensed bankruptcy attorney will be your only friend to get you through this trying period. It may surprise you to know that a lawyer will offer you a free bankruptcy case review before they charge you a penny for their service. A typical bankruptcy case review may take from 30 minutes up to an hour.

So why do bankruptcy attorneys, who after all are depicted as these terrible greedy money chasers, offer you a free bankruptcy case review that could take up to one hour of their time? The answer is that this depiction, for the most part, is a myth. A lawyer is there to help you. Your bankruptcy attorney will know how to file bankruptcy in the best possible way for you to take advantage of seeking protection under the US bankruptcy law. Whether it be a chapter 7 or a chapter 13 bankruptcy, your attorney will show you the best way to get through this complicated legal procedure and restore your life to financial freedom.

If you are thinking about filing for bankruptcy, the first step you can take is to complete a free bankruptcy case evaluation online. A bankruptcy evaluation online will only take you less than two minutes. After completing your online free bankruptcy evaluation, you will then be connected to professional licensed attorneys in your area that will provide you with an initial free bankruptcy counseling session.

Bankruptcy is your first step to seeking protection against your creditors under the US bankruptcy law. Here you will find answers to all your questions and all the latest bankruptcy news. Start with a free bankruptcy evaluation online, then move forward with a free case review by a licensed attorney and dispel the horrible myth about attorneys once and for all.

Attorneys Are People Too!

The internet is full of blogs from frustrated law students seething about the greed of lawyers, the insanely high law school tuition and student debt, and the unreasonable expectations many people have about how much lawyers are getting paid.

At least one person is gunning for attorneys to get a little loveand it’s a non-lawyer! Steve Hughes has campaigned for and gotten April 13th recognized as “National Be Kind To Lawyers Day.” April 13th – placed strategically after April Fool’s Day but before April 15th (tax day) is a day to honor the approximately 1,143,358 working and inactive attorneys in the United States. Hughe says that on this day, you should take a lawyer you know to lunch, thank a lawyer that might have helped you in the past, or even just a day without the lawyer jokes would be a nice thing to think about.

The honest truth is that lawyers may need to be shown a little more kindness than we may think. According to a Johns Hopkins University survey of over 12,000 employees spanning over twenty eight occupations, lawyers are more likely to experience depression. In actuality, lawyers are four times more as likely to suffer from depression from the average worker.

Clinical studies have demonstrated that at any given time, between three to nine percent of the population might suffer from depression. Yet a research study of lawyers shows us that nineteen percent were plagued with the debilitating mental illness. And a decade ago, a survey taken by the North Carolina Bar Association showed that almost twenty percent of lawyers who responded showed symptoms of clinical depression, with almost twelve percent confessing that they contemplate suicide at least once a month.

In 1992, the National Institute of Occupational Safety and Health’s Annual Report revfealed that male lawyers between the ages of twenty and sixty four were at least twice as likely as the general population to tragically commit suicide. To cement this fact, the American Bar Association tells us that suicides among attorneys are two to six times the rate of the general population.

Mallory Megan works for a debt collection company. Also she writes articles on business, finance, consumer spending and collection agencies.

United States Attorney General

The United States Attorney General is the head of the United States Department of Justice (see 28 U.S.C. § 503) concerned with legal affairs and is the chief law enforcement officer of the United States government. The Attorney General is considered to be the chief lawyer of the U.S. government. The Attorney General serves as a member of the President's Cabinet, but is the only cabinet department head who is not given the title Secretary, besides the now independent Postmaster General.

The Attorney General is nominated by the President of the United States and takes office after confirmation by the United States Senate. He or she serves at the pleasure of the President and can be removed by the President at any time; the Attorney General is also subject to impeachment by the House of Representatives and trial in the Senate for "treason, bribery, and other high crimes and misdemeanors."

The office of Attorney General was established by Congress by the Judiciary Act of 1789. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments." Only in 1870 was the Department of Justice established to support the Attorney General in the discharge of his responsibilities.

As of February 3, 2009, the current Attorney General is Eric Holder. He was confirmed on February 2. Holder is the 82nd Attorney General of the United States and the first African-American to hold the position.