Why “national” law firm is not better in bankruptcy


By: Jeena Cho

It may seem logical to think that since bankruptcy is “Federal” it makes sense to find a “national” law firm to file your bankruptcy case. There seems to be many out-of-town bankruptcy firms claiming to represent clients nation wide. In considering local or national bankruptcy attorney, consider the following.

Despite bankruptcy being governed by Federal law, exemptions, which spells out the amount of property you can keep is generally set by State law. This is the case in California. Additionally, each district has its own local rule. To add yet another layer of complication, each Bankruptcy judge has his or her own rules- so called “local local” rules.

Each trustee requires his or her own set of documents. For example, two of the three San Francisco bankruptcy trustees requires each person to complete a questionnaire. One does not. In Chapter 13, each court uses a different Plan.

Think of it this way - when you travel to a new place, it’s always better to have a “local” show you around. Same is true in bankruptcy. It’s better to have a local attorney who knows the local judges, and the trustees than a “national” firm.

Disclaimer: Unfortunately, it is impossible to give legal advice over the internet, no matter how well researched or written. Before relying on any information I give, contact a lawyer to discuss your particular situation. I am a San Francisco bankruptcy attorney. The information given is based on California law.