One of the most important things to do when choosing a bankruptcy lawyer is to choose the right one for you. Bankruptcy is a difficult subject in the law. You have to make sure the lawyer is knowledgeable in not just the law, but the procedures required by the bankruptcy court.
In the Southern District of Florida which includes bankruptcies filed in Miami to the Keys, all of Broward county , including Ft. Lauderdale up to Delray Beach and all of Palm Beach county, The rules for all of the different trustees differ. The document requests are different depending on the Chapter 7 trustees are concerned. The Chapter 13 trustees (one on Miami Dade and Monroe and the other for all of the counties north of Miami Dade) require different documents. When you speak with the attorney you are looking to hire for the first time, you will be able to tell if he/she is confident in what they are telling you. Listen to them describe what you will be going through and how you have to prepare prior to filing the bankruptcy. They should tell you what documents you will be required to bring in prior to filing the bankruptcy. They should also tell you what to expect when you have to go to bankruptcy court and who you will see (the judge or just the trustee), and what will be discussed. There is nothing that the lawyer can say that will make you feel less nervous when you go to court. Just know that everyone who files for bankruptcy goes through the same things as you are. Once the single hearing that you must attend is a very simple hearing before the trustee or their lawyers. Some of the Chapter 7 trustees in Miami, Ft. Lauderdale and Palm Beach are not even lawyers. Some of these Chapter 7 bankruptcy trustees are prepared for your hearing, and others will be looking at your file for the first time at the hearing. Once the hearing is over, you will be very relieved. That’s how informal these hearings are. The main purpose of the hearing, which is called a Section 341 Meeting, is to start deadlines for you to be sued by a creditor, which almost never happens, or for a creditor or the bankruptcy trustee to object to your claimed exemptions. The only bankruptcy trustee who will object to any of your exemptions is the Chapter 13 bankruptcy trustee in Miami. She files her objections in every case. No other bankruptcy trustee does this. Don’t panic if this happens. The bankruptcy trustee’s objection to claimed exemptions are generally either not valid objections, or simply need an amendment to your schedules. They are usually nothing to worry about. Most everyone will be asked the same questions at the Section 341 Meeting as all other people who are at the same hearing. All of this information (questions to be asked) should be conveyed to you at your initial free consultation. If someone is charging for the initial consultation, they are not the lawyer for you. The documents that will be required will generally be told to you, but the specific documents should be given to you once you decide to retain the bankruptcy lawyer in Miami, Ft. Lauderdale and Palm Beach.
When you go to see a lawyer for the first time, there should be an initial basic questionnaire that you fill out with basic information that will help the lawyer to try to figure out why you are there. Always remember that you are with the lawyer to hear him/her talk and give you advice. Once the lawyer thinks they have what they need to know about your case, they can apply what you have told them and determine and explain to you what they think you should do. The lawyer is going to be working for you, so use the initial consultation to determine if the lawyer you are talking to is someone you want to work with, like an interview. There are a lot of lawyers out there that think that you work for them. That is not the case. At Bankruptcynow, we like to think that we are working together. Our lawyers try to put themselves in your shoes to give advice whether or not to even file for bankruptcy. If the recommendation is to file for bankruptcy, it is always the client’s call as to file or not. If you are going to file, then it’s the client’s choice whether to file Chapter 7 bankruptcy or Chapter 13 bankruptcy. The lawyer should be able to tell you at the initial consultation which chapter bankruptcy he/she thinks you should file, and why. You should also be informed as to the risks, if any, of filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. There are risks to filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. All of those risks will be discussed at the initial consultation. Most of the risks can be anticipated, especially if you are up front about all of your assets and liabilities to your lawyer. Sometimes things come up mainly because the lawyer was not told of assets that the bankruptcy trustee discovers after it’s too late. So be totally honest with the attorney you are seeing. That lawyer cannot disclose to anyone what you have discussed. You have to assume that anything you know or did can be found out by the bankruptcy trustee.
When hiring a bankruptcy attorney in Miami, Ft. Lauderdale and Palm Beach, make sure you are comfortable with that lawyer. See how he interacts with you and others around him/her. Hopefully, your experience will be a good one as most bankruptcies are.
