How to find/choose/pay a bankruptct attorney...

[SvnLyrBrto]

What is the name of your state? California

As a follow-up to my last post, but on a SLIGHTLY different topic...

When I launch my search for a bankruptcy attorney, what should I look for? Beyond the obvious: "ask people I know in the area", I've really no idea how to go about finding and choosing a good lawyer of ANY speciality. And I'm more than a small bit ashamed to be even considering bankruptcy.

So, what should I look for before even calling, and what questions should I ask when/if I go in for an initial consultation?

And, as purely practical matters, what should I expect a bankruptcy attorney to charge (I'm in San Francisco, if that matters.)? Is it usually a flat fee or "package deal", with things going fairly smoothly? Or do unexpected issues (with additional attorney costs) often pop up in bankruptcy proceedings? And lastly, would a bankruptcy lawyer expect to be paid in "cash up front", or would a payment plan of some kind (not subject to discharge, of course) be possible?

thanks,
john

 

[ihatearizona]

Since you're dealing with a complicated case involving the attempted discharge of student loans, I would definitely call around and search for an attorney with this type of experience. You could also find out where the local 341 Creditor's meetings are held and attend one. This will enable you to see and meet several attorneys in action.

You could be expected to pay anywhere from $800+ for attorney fees + the filing fee of $209.00. In the Bay Area, I would expect you'd probably have to pay upwards of $1200. The attorney will not file your case until he has been paid in full. Most will take payments.

 

[Who's Liable?]

Don't be ashamed about filing. Filing BK is your legal right, and noone can take that away. So you messed up a little, big deal! There are more people on the brink of BK but will never admit it. Just make sure that you learn from your mistakes and carry-on.

As for fees, it seems to be about $1200, and most places can/will do payment plans. As for finding the right one, youd don't really want to go with the Co. that has all the flashy commercials, but you also don't want a Co. that is fresh... Most have a free initial consultation. Bring along ALL your info., and sit down with them. Do not be afraid to take notes, after all it is yourself that you should be most concerened with. If you get confused, do not be afraid to ask them to break it down for you...

You can ask about how BK affects your house, tax returns, any investments you may have, retirement plans(401k,IRA), college savings plans for your kids, vehicles, jointly owned property, inheritances, alimony, bank savings, stocks, bonds, etc... Everything and anything you might have you should ask them.

Good Luck!