What are the different kinds of bankruptcy attorneys?

If you decide filing bankruptcy is right for you, then your first task is finding a good bankruptcy attorney who can guide you through the process. Bankruptcy laws are complicated, and you need an expert to advise you every step of the way. But not all bankruptcy attorneys are created equal. Here’s what you need to know about the different kinds of bankruptcy lawyers.

Your best bet is focusing on solo practices in which the attorney specializes in handling bankruptcy cases, or a small practice where one or more of the lawyers is focused on bankruptcy law. What you’d want to avoid the kind of practice that is so focused on speed and volume you might not even meet the attorney face-to-face until the process is well under way! Paralegals will likely handle all the starting details and you might feel more like a case number than a person. In other words, you’re not getting the individualized care and attention you deserve. After all, filing bankruptcy is a big decision and you want a bankruptcy attorney who works with you on a personal basis to understand your needs and gives you their best professional advice and guidance.

When it comes to finding and hiring a reputable bankruptcy attorney, keep your search as local as possible so you don’t have a long commute to meet with your lawyer. In the San Diego area, check our attorneys page for bankruptcy lawyers we know do great work for their clients.

Related post: Choosing a Bankruptcy Lawyer

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Common Questions

Why do I even need to hire a bankruptcy attorney?
While it is possible to file bankruptcy on your own, it is not recommended. Bankruptcy laws are complex, and every detail in all the paperwork has to be exactly right or the case might fail. This is why you want the expertise of a reputable bankruptcy lawyer to guide you through the process.
Are some bankruptcy attorneys cheaper than others?
The fees charged by attorneys to handle a bankruptcy case tend to fall within a fairly tight range in a given market, so there’s not likely to be a huge difference. It’s more about whether or not they have a good reputation and if they seem like the kind of people you can work with.
What kind of bankruptcy attorney should I be looking for?
Generally speaking, most people have a better overall experience when they work with a solo practice or small firm to meet their needs because they get more personal, individualized attention from the bankruptcy attorney they work with throughout the whole process.
Quick Reads Quick read tips to make the most of your fresh start

What if I can’t afford to file bankruptcy?

The actual court fee you have to pay when filing bankruptcy is not very expensive, and you might be able to get help with it if you need it. The more expensive part is hiring a bankruptcy attorney to guide you through the process and handle filing your case.

The cost of filing a Chapter 7 bankruptcy in southern California, for example, is only $338, and even less for a Chapter 13 bankruptcy ($313). But if even that would be a hardship, you might qualify for a fee waiver that will let you pay the court fee in installments.

The cost of a bankruptcy attorney is an additional expense you have to pay because filing on your own is not feasible or wise. In southern California, for example, the average cost is around $1,560 for a Chapter 7 (see this article on Lawyers.com) case and anywhere from $3,300–$5,000 for a Chapter 13 case (see this article on Lawyers.com). If you can’t manage those fees because you’re low-income, you may be eligible to get free legal help. See a listing of State Legal Aid Resources at FindLaw.com. In southern California check with the Legal Aid Society of California or the San Diego Volunteer Lawyer Program.

Related post: 12 Bankruptcy Myths Busted

The actual court fee you have to pay when filing bankruptcy is not very expensive, and you might be able to get help with it if you need it. The more expensive part is hiring a bankruptcy attorney to guide you through the process and handle filing your case. The cost of filing a Chapter … Continue reading “What if I can’t afford to file bankruptcy?”

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How can I get a car loan after filing bankruptcy?

One of the worst myths out there about bankruptcy is the assumption there’s no way you can get a car loan if you need one after filing bankruptcy. People end up paying what little cash they can scrape together for a horrible car that ends up being more trouble than it’s worth. Please know it is possible to get a car loan in spite of a bankruptcy, but you have to find the right kind of lender who offers a bankruptcy car loan.

It’s true that many lenders won’t approve a car loan for you if you have a bankruptcy case open or even if it’s discharged for a couple years. But there are other lenders who will work with you on a bankruptcy car loan. The interest rate on the loan is going to be higher, but that’s the extra price you have to pay for being what lenders think is a higher-risk customer.

Related post: 12 Bankruptcy Myths Busted

One of the worst myths out there about bankruptcy is the assumption there’s no way you can get a car loan if you need one after filing bankruptcy. People end up paying what little cash they can scrape together for a horrible car that ends up being more trouble than it’s worth. Please know it … Continue reading “How can I get a car loan after filing bankruptcy?”

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Will I lose everything if I file for bankruptcy?

Most people understand very little about bankruptcy, which is why some resist filing bankruptcy even when it would be the best thing for them to do. One of the biggest myths out there is that people just assume filing bankruptcy means they’re going to lose everything. Not true!

Bankruptcy laws were designed to help you either eliminate or catch up on your debts, and to do so while making sure you get to keep what you need, including your house, a vehicle to drive, your retirement fund, and all the basic personal possessions you need.

But if you have tons of debts and also have lots of assets that don’t fall within what the courts think you need, then they’re going to want to sell those off to pay the creditors you owe. Bankruptcy laws get very complex around what assets you’re allowed to protect and keep, and which ones would be liquidated to pay off some or all of your debts. And this also varies from state to state. This is why you need the guidance of an experienced, reputable bankruptcy attorney to guide you through the process.

Related post: 12 Bankruptcy Myths Busted

Most people understand very little about bankruptcy, which is why some resist filing bankruptcy even when it would be the best thing for them to do. One of the biggest myths out there is that people just assume filing bankruptcy means they’re going to lose everything. Not true! Bankruptcy laws were designed to help you … Continue reading “Will I lose everything if I file for bankruptcy?”

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At Day One Credit we are experts at finding the best possible bankruptcy car loans in order to help our customers purchase high-quality used cars. We are not lawyers, we do not give legal advice, and nothing we say should be taken as legal advice. Your first step in anything related to bankruptcy should always be seeking the advice and counsel of a qualified bankruptcy attorney.