Legal Guide

Bankruptcy Attorney:  Roles and responsibilities that you can expect

Simply put, it’s difficult to understand bankruptcy at one go. You need to commit to some crucial decisions well ahead of time you start filing till your debts get discharged. That’s when bankruptcy ends. It’s only with the help of an attorney who concentrates in the field of bankruptcy and has much experience can you walk through the complicated maze of procedures, paperwork, decisions, filing and many more.

The laws and rule surrounding bankruptcy itself aren't confusing! However, it’s not possible for the average person to understand it all by themselves. Furthermore, this situation is also made complicated by the frequent introduction of new laws that deal with problems related to bankruptcy. Hence, if any similar legal case faces you, it is always better to appoint a bankruptcy lawyer. It will help you to make the right decisions and also professionally address your legal matter.

Are you searching for a bankruptcy lawyer? You can use the internet to choose attorneys located in your region. For example, if you stay in Charleston, you can do an online search reach out to a Charleston bankruptcy attorney who is perfect for your legal requirement, preference and budget capacity. However, it’s always important to understand the roles and responsibilities of this attorney before you appoint one.

Responsibilities of a bankruptcy lawyer

  1. The professional duties

Every bankruptcy lawyer needs to address specific responsibilities to serve his/her client. The lawyer needs to make sure that the client gets well treated during the time of the legal process. Also, while sharing the client brief of the legal case, the lawyer is expected to understand the same and ask all relevant questions. Even the lawyer needs to inform the client about the legal process of presenting the bankruptcy case in the court and its proceedings. The lawyer needs to create a transparent bond with the client. It will help in dealing with the legal situation smoothly.

  1. You can expect your lawyer to be competent

It's wrong to say that every bankruptcy case is complicated. Not all are. Either way, it’s essential that a bankruptcy lawyer should possess the skills required to manage your legal matter. The complexity of a bankruptcy case usually depends on the following:

  • The core facts of your legal case
  • Whether a bankruptcy trustee is going to sell any portion of your property
  • Whether you are all set to file a Chapter 7/Chapter 13 bankruptcy
  • Whether or not you own a small-scale business
  • If there’s bankruptcy litigation is involved in your legal case

Want to find out if this is a good fit for your legal situation? The best way is to ask your bankruptcy lawyer whether or not he has managed similar circumstances in his earlier cases. You will be able to judge his proficiency and know whether he can help you with your legal matter.

  1. Your bankruptcy lawyer provides expert legal guidance

Usually, the retainer contract will define all the services that a bankruptcy attorney is supposed to offer you. In addition to all his/her roles and responsibilities, your attorney needs to be able to arrive at smart suggestions about the bankruptcy process. To start with, an expert bankruptcy attorney will let you know if filing for a case will act in your favor. And just in case it is, then you ought to be conversant about the following:

  • In Chapter 7 or 13 or any other type is going to assist you to attain your financial objectives
  • If your legal case involves any risks or complexities
  • All things that can transpire during the bankruptcy process

However, for any other questions and suggestions related to legal matters, you can expect the bankruptcy lawyer to answer and guide you promptly. He/she can answer you through emails or calls.

  1. An expert bankruptcy lawyer always helps you file and prepare the necessary paperwork

A bankruptcy filing needs clients to complete many and lengthy forms. Most bankruptcy attorneys make use of advanced software that allows to file and develop all kind of bankruptcy paperwork required for the court. You need to furnish your lawyer with all types of financial data. This information comprises of debt, income, and asset as well as expense information. Once you’ve shared all that you want to, your bankruptcy lawyer will go ahead and prepare the same into official forms. All the filing gets done so that there's no issue when the case gets presented in the court. Going forward, you might have to offer added data and documents as well. Your attorney will ensure that you share all required information timely. As when you miss a deadline, it might lead to the following:

  • Pointless delays in the legal process
  • An unwanted dismissal of the case
  • Any other critical consequences
  1. Your bankruptcy lawyer will present your case in the legal hearings

Once the bankruptcy gets filed, the debtors need to be a part of the compulsory discussions. It is known as the 341 meetings of the creditors. However, based on the complications or matter of your legal case, you might have to attend a couple of additional hearings. Usually, the discussions that you can expect your attorney to present on behalf of you include the following:

  • Chapter 7 reaffirmation
  • Chapter 13 confirmation

You can expect your bankruptcy attorney to inform you about it all before he/she presents your legal case in the court.

Therefore, being able to select the correct bankruptcy attorney is an important task. Since there are multiple legal agencies at work today, you might get bewildered with the choices at hand. Hence, it is always good to make sure that the bankruptcy attorney you are joining hands with is capable of dealing with your case proactively and with adequate accountability. For this, you need to conduct online research. Check out the attorney agencies, read about their client testimonials, reviews, and feedback. It will provide you with an unbiased idea and help you arrive at an informed decision.

Also, it's always important to be aware of the services that you can expect from your bankruptcy attorney. If you don't know where to start, you can make use of the roles mentioned above and responsibilities of a bankruptcy lawyer as a guiding list for you to judge your lawyer better.


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