You have many factors to consider when you’re hiring a San Francisco Bankruptcy Lawyer. You want to hire a bankruptcy attorney that will get to know you, your case, consider the pros/cons of each decision and weigh all the options.
Here are some other factors you should consider.
1. Don’t go with the cheapest bankruptcy attorney
Price is always a valid concern, but you’re not comparing the price of getting a tune-up on your car. Bankruptcy is a very complex area of law. Many clients think bankruptcy is just about filling out some forms. Nothing can be further from the truth. You want to hire an attorney that will consider your unique circumstances and guide you in finding the most appropriate solution.
This may mean waiting to file your bankruptcy, or not filing for bankruptcy at all. A good attorney will consider your income, expenses, debt, type of debt, assets, your goals and desires, and give you suggestions on a course of action. He or she should also weigh the possibility of a creditor filing an adversary proceeding or a trustee objecting to your case.
The most important part of any bankruptcy case is planning. Your attorney should help you plan your bankruptcy in terms of considering your exposure to losing assets as well as timing your bankruptcy. Prematurely filing your bankruptcy may mean the trustee can take assets away from you or missing the opportunity to discharge certain debts such as taxes.
Many bankruptcy attorneys offer a “free consultation.” Oftentimes, the consultation is handled by a paralegal - someone who cannot give you legal advice. Or it is rushed fifteen minute meeting that is not particularly helpful. Other bankruptcy attorneys only offer bankruptcy services, so he or she may not give you suggestions on non-bankruptcy alternatives.
The old saying “You get what you pay for” holds true when you’re hiring an attorney.
2. Find a local San Francisco bankruptcy lawyer
Even though bankruptcy is mostly governed by Federal law, there is a lot of interplay with State law. In addition, each bankruptcy court has judges and trustees that will have different rules. In the San Francisco Bay Area, there are four bankruptcy courts: Santa Rosa, San Francisco, San Jose and Oakland. Each court has judges and trustees with their own rules.
It is important you hire a local San Francisco bankruptcy lawyer that is familiar with the requirements and personalities of each trustee and judge to ensure your case goes through smoothly.
3. Who will handle the day-to-day work in your case?
This one ties in with #1 above. There are many “volume filers” that hire armies of paralegals and legal assistants that will handle your case. While there is certainly a place for staff in bankruptcy, it’s important to find an attorney that has enough time and resources to be able to dedicate his or her time to your case as needed.
4. Who will show up at the Meeting of Creditors (341 hearing)?
We have seen numerous cases where the attorney the client hired isn’t the attorney that shows up at the 341 hearing. The “substitute attorney” may not be familiar with your case and can’t answer the trustee’s questions at the hearing. This can cause you to have to come back to your 341 hearing and complicate your case.
When you’re interviewing your attorney, ask him or her “who will show up at my 341 hearing?”
5. What happens when things go wrong in your case?
Even though the majority of bankruptcy cases goes smoothly, there can be unexpected issues that come up. For example, unexpected inheritances, an adversary proceeding (lawsuit within bankruptcy) by a creditor, or a Motion to Dismiss by the trustee. You want to hire an attorney that can handle these litigation cases if it arises. Many lawyers dabble in bankruptcy and they may not have the experience to handle these complex issues.
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