What does a Bankruptcy Attorney do?

 

A Bankruptcy attorney basically helps with any and all debt relief. If you or your business is facing financial problems, a Bankruptcy attorney can help guide you on how to get out of financial trouble. Advice and options might include (but not limited to):

- Financial planning/ budget adjustments

- Refinancing or consumer creditor counseling

- Debt Settlement

- Bankruptcy (including Chapter 7, Chapter 13, Chapter 11)

- Many more options and solutions

If you need to file Bankruptcy, a Bankruptcy attorney can come up with the best strategy, help advise what chapter to file; what debts can be discharged/ forgiven; what assets you can keep; which creditors you should pay; and the financial documents and information that need to be provided, among many other obligations, benefits and duties. A Bankruptcy attorney will also explain the process and procedures to you, complete and file the necessary pleadings, and prepare you for any hearings, among many other aspects of your case or situation. A Bankruptcy attorney should also work with you to stay out of financial trouble for the long-term by learning to live on a no-surprise budget; and giving you tools to reestablish credit for a successful financial future.

On a related note, filing Bankruptcy without an attorney (known as a pro se filing) is allowed but not recommended.  Bankruptcy is a very complicated, specialized area of the law and you can find yourself in some serious trouble if a Bankruptcy case is not handled correctly. Filing Bankruptcy, especially in South Carolina, takes very careful, thorough preparation and a good understanding of the law (and federal and local rules) to be done correctly. If your Bankruptcy case is not filed correctly, it can affect your ability to get a discharge (forgiveness of debt) and put your assets at risk, among many other serious potential problems. Bankruptcy Court personnel, judges and trustees treat pro se debtors the same as those who are represented by an attorney. As such, pro se filers are held to the same high standards as if the case had been filed by an attorney. Bankruptcy Court personnel are also not allowed to provide legal advice. In other words, if you do not have an attorney to make sure your case is done correctly, mistakes in the process due to non-attorney misunderstandings of the law will not be an allowable excuse. Further, if you file a pro se case and run into problems, the judge or trustee will usually recommend you hire an attorney. This might end up costing you more money than had you just hired an attorney from the beginning (especially if the attorney is required to file emergency/ extra pleadings etc.). Therefore, it makes sense to hire an attorney to begin with to avoid problems and extra costs. Finally, you do not get as much out of a Bankruptcy if you file pro se. Again, we work with our clients to stay out of financial trouble for the long-term. This is a benefit you might not get if you file without an attorney.

If you do not think you have enough money to hire an attorney, give us a call. We offer a free consultation. We think you will likely find our fees very reasonable and affordable and we offer payment plans. We might even be able to work out a trade or exchange of services. We would have to discuss this in detail and disclose it to the court but, in short, we’ll do our very best to help any way we can.

If you have a question about whether we might be able to help with your financial situation, give us a call. Consultations are free. Contact Information