With personal bankruptcy filings up dramatically in San Jose and the Bay Area as a result of the housing crash and these difficult times we are living in, it is more important than ever that you choose the right bankruptcy lawyer for you. Here are some tips that will help you find the best bankruptcy attorney for your situation.
1. Ask whether the lawyer offers a free consultation. A good bankruptcy firm will provide a one-on-one consultation with a lawyer for at least one half hour. If you don't like the attorney, find another one.
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2. If you are an average consumer (and not a family farmer or fisherman) you will most probably file a Chapter 7 or a Chapter 13 bankruptcy. Make sure the lawyer files both Chapter 7 and Chapter 13 cases and that he or she explains the differences between them to you. Your individual situation will determine which Chapter is best for you, and the lawyer should carefully explain to you which is best for you and why.
3. Ask whether the lawyer will personally appear with you at your mandatory Creditors Meeting with you, or whether he or she intends to send another lawyer to appear. While it may not always be possible for the attorney to appear personally, if you feel uncomfortable about a different lawyer appearing with you at your Creditors Meeting, you should ask the attorney at your first consultation.
4. Ask the attorney how long they have been practicing Bankruptcy law and how many cases he or she handles. If the attorney handles a very large case load, he or she is unlikely to spend much time with you explaining the details of your case to you.
5. Expect a flat fee for your case and ask up front what that fee will be and if there are any circumstances that might cause the fee to go up. There are some good reasons the cost might rise, such as if a creditor sues you in bankruptcy court, but expect the lawyer to explain this.
6. Check the lawyer's record with the California State Bar. You can look up any California attorney to see if they have ever been disciplined by the Bar on the Bar's website at calbar.ca.gov.
These tips will help anyone seeking an experienced bankruptcy attorney in the Bay Area who you feel comfortable with.
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