There are many lawyers who advertise in Miami, Ft. Lauderdale and Palm Beach to get you to hire you to file bankruptcy with them. Many however, only file Chapter 7 bankruptcy. They will not give you the option to file Chapter 13 bankruptcy with them because they don’t file Chapter 13 bankruptcy.
If you find someone who is only offering to file Chapter 7 bankruptcy, they are not the right lawyer for you. You have to be given all the alternatives available to you. Chapter 13 bankruptcy in Miami, Ft. Lauderdale and Palm Beach are very complicated legal processes. The bankruptcy code is very complicated. So someone who does not offer Chapter 13 bankruptcy services, can’t tell you everything you may need to know.
Additionally, any bankruptcy attorney who offers only Chapter 11 bankruptcy services in Miami, Ft. Lauderdale and Palm Beach, is also a bad fit. Chapter 11 bankruptcies are for businesses or individuals with a large amount of debt. Most consumer bankruptcies are filed by consumer bankruptcy attorneys. Consumer bankruptcies are Chapter 7 or Chapter 13 bankruptcy. They mainly deal with credit cards, medical bills (unsecured debts), mortgages, car loans and IRS and other tax debt. If you have consumer debt in Miami, Ft. Lauderdale and Palm Beach, you need to find an attorney who works primarily as a consumer bankruptcy attorney. Meaning, the attorney should have a legal practice that focuses primarily on Chapter 7 and Chapter 13 bankruptcy. These lawyers will be able to talk to you fully about your options rather than just about what they know. Chapter 11 attorneys don’t really mix consumer bankruptcy with their business bankruptcy practice.
Once you have found a lawyer who limits his/her practice to consumer bankruptcies (Chapter7 and Chapter 13 Bankruptcy), then you can schedule an appointment. Make sure the consultation is free. No bankruptcy attorney in Miami, Ft. Lauderdale and Palm Beach charges for initial consultations. If the attorney you are seeing charges for the consultation, they are not experienced in Chapter 7 or Chapter 13 consumer bankruptcy in Miami, Ft. Lauderdale and Palm Beach . When you arrive at your appointment, the lawyer’s assistant will probably ask you to fill out an information sheet that will help the lawyer analyze your situation. Make sure that when you have your consultation that you are talking to a lawyer. Many bankruptcy lawyers have their assistants speak to potential clients rather than talking to the clients themselves. The main purpose of having a consultation is to see if you can get along with the lawyer you are going to hire. If that lawyer only pops in to say hello, you will get no information about your individual case. Also, it’s unethical for a non-lawyer to give you legal advice.
When you are speaking to the lawyer, make sure the lawyer is asking questions about your personal situation. Many lawyers just talk about bankruptcy in general. That is fine after the attorney knows your situation. Once the lawyer knows your situation, he/she can tell you how bankruptcy applies to you specifically. If that’s not happening, it’s probably time to find someone else you are more comfortable with to hire as your bankruptcy lawyer. Chapter 7 and Chapter 13 bankruptcy filed in Miami, Ft. Lauderdale and Palm Beach are not simple. You need to see if your lawyer is comfortable about what he/she is telling you. Make sure the goals you want accomplished are being talked about in your initial consultation. Hopefully, your lawyer will be able to answer all of your questions right there. Most of the questions that you might have are questions an experienced attorney should. There are very few questions which an experienced bankruptcy attorney in Miami, Ft. Lauderdale and Palm Beach cannot answer as soon as they are asked. All experienced attorney’s know all of the court appointed bankruptcy trustees, and are familiar with the Chapter 7 or Chapter 13 processes of those trustees.
Finally, make sure there will be good communication between you and your bankruptcy attorney in Miami. That is the key to a successful bankruptcy. The most complaints I have heard from unsatisfied bankruptcy clients who have left their old attorney and have come to me is that their old attorney would never get on the phone with them. There are some times that I will ask my legal assistant to contact a client to get updated documents or ask her to send out an email, but if a client wants to talk to me, I will always be available to either answer the call or will immediately call back when I can. Many lawyers feel like you work for them and must do whatever they say without an explanation. The reality is that the lawyer works for the client, not the other way around. Reputation is everything in the legal business. That goes not only for the judges, but their staff, other lawyers, but especially their own clients.
