Bankruptcy is a legal proceeding to discharge debt for businesses and individuals. Bankruptcy can happen to anyone, and does not necessarily need to be negative. The proceedings are not always adversarial. The bankruptcy trustee and the creditors may agree that it is the best route for a debtor to cut off old debt.
Bankruptcy provides a new start to debtors by setting them free of past debt. In this economy, where college-educated graduates cannot find jobs and move back home with their parents, where layoffs are left and right, where people without healthcare benefits get into sudden illness, financial problems can leave people with insurmountable debts.
After filing bankruptcy, the debtor will get to know the bankruptcy court, judge, creditors, and trustee. The better a person is prepared on the subject of bankruptcy, the more able the debtor will choose the right attorney to serve him/her.
When seeking an attorney, a person should consider if the lawyer will give a free consultation. Under ABA Model Rules and the professional conduct rules of most jurisdictions, a lawyer has to keep the information relating to a client’s representation confidential, even when the person decides not to engage the lawyer. In a free bankruptcy attorney consultation, a person can learn about the different types of bankruptcy proceedings and not worry about the lawyer divulging the person’s finances to the streets even if the person decides not to use the lawyer.
A lawyer who is in a rush to charge money may not be the right legal representative because that person may likely take on a volume of cases without giving attention to anyone’s case specifically. A lawyer who provides a free consultation lets the potential client see what patience the attorney has in answering questions from someone not educated in the law, and allows the potential client to inspect the office to see if it is chaotic with disorganized papers or lines of people.
Though with technology, a debtor can find an attorney with an Internet search, visiting the office of an attorney may be a better way to see if an attorney has competence and diligence. For instance, a firm that prepares a client questionnaire for potential clients to fill out before making an appointment may be more prepared to handle a debtor because the attorney takes initiative to find out about the client in order to promptly prepare the bankruptcy petition should the client go with the attorney after the consultation. A client questionnaire can organize a potential client’s thoughts on assets and liabilities to prevent collection or foreclosure activities.
Contact an experienced New York bankruptcy attorney for a free consultation on how to resolve debt problems through bankruptcy options.