According to some statistics, people are more likely to come into contact with the bankruptcy courts than they are any other legal process, with the possible exception of family law courts. Each year, hundreds of thousands of people file plan case. The majority of them choose a lawyer to help them through the process and to ensure that they get all the benefits due them, and suffer none of the pitfalls of the unwary/ If you don’t know how to choose a lawyer or where to go to find one, here are some helpful tips.
There are two kinds of bankruptcy lawyers. Some lawyers focus on working with individuals filing. We call those Bankruptcy Lawyer Staten Island . Other lawyers work primarily with businesses to file reorganization. Those we call a business or commercial bankruptcy lawyers. Although in general, anyone who practices bankruptcy is qualified to file both individual and business cases, the focus is different enough that most attorneys choose one over the other. Most consumer bankruptcy attorneys work in solo practices or with just a few other lawyers, a paralegal and other clerical helpers as needed. Some attorneys have worked to leverage the use of non-lawyer paraprofessionals. These lawyers rely very heavily on paralegal and clerical workers to do the bulk of the work, with one or a few lawyers supervising the staff. Some people call those bankruptcy mills. In a mill environment, you may not meet with an attorney until you sit down at your meeting of creditors about a month after the case is filed.
Bankruptcy mills do not necessarily charge less for their services than other attorneys. Fees are governed by the market and are reviewed by the US Trustee’s Office. You’ll probably find that most consumer lawyers in your area charge about the same amount, In a bankruptcy mill, the roles within the firm are usually very specialized. You may deal with a paralegal who intakes your information, a paralegal who explains the process, a paralegal who helps you gather the information you need for filing a case, etc. You may deal with an attorney who handles the meeting of creditors, and a different attorney if you have any issues in your case. There are advantages to that model, but many former clients report that they felt like just another bankruptcy case and that no one really addressed their personal issues. For that, a traditional solo or small firm practice is ideal. It’s less of a corporate or assembly line feel, and much more hands-on personal attention by and access to your attorney. Not all bankruptcy cases are complicated, but they aren’t all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case.
In general, the difficulty of your bankruptcy will depend on the facts of your case whether the bankruptcy trustee will sell any of your property (an asset or “no asset” bankruptcy case) if you own a small business, and the involvement of bankruptcy litigation.
