If you think that there is no other way than filing bankruptcy that will help in handling the finance crisis, then you should first discuss with a legal consultant before declaring the bankruptcy. The court also can appoint a legal consultant to help you in understanding the further process. If you prefer to get your own bankruptcy attorney, then make sure that you select an attorney who already have handled similar cases and who is familiar with the bankruptcy proceedings.
However you get a lawyer to assist you in handling the finance crisis, you should be prepared to ask some of the questions necessary to be asked before proceeding further. Here is the list of the questions that you should put to an attorney before continuing with further proceedings in handling the bankruptcy.
* Which type of bankruptcy will suit me?
Remember that there are eight types of bankruptcy filing possible supported by federal court system in United States. The popular types of bankruptcy filing are Chapter 17 and Chapter 7. However, these sections have specific rules and regulations applied to them. An experienced attorney will be able to understand the situation and will be able to suggest the best-suited filing type for you.
* How to file it?
You will need to file it in the state where you live. If you plan to be represented in the court by your attorney, then your lawyer can prepare all the necessary documents that have to be presented to the court. If you plan to handle the filing by yourself, then make sure that you get all the documents done through your lawyer before leaving their office.
* What about the bankruptcy fees I owe?
You will need to get the fees details clarified for your attorney and the court system as well. In most of the cases, the lawyers are ready to give free consultation. However, the court system will definitely charge you some amount as fees for the filing. Some of the attorneys charge flat fees and few attorneys charge fees per hour of consultation. The court system will charge some amount as the administrative charges. Chapter 7 may also include some extra charges to be paid to the trustee who is in charge of the bankrupt account.
* Where should I file for bankruptcy claim?
Federal court system in every state will handle the cases filed there. Therefore, the people, who have to file bankruptcy, will have to submit the prepared documents in the courthouse in the state. The bankrupt attorney should be able to tell you the address of the courthouse. The lawyer also should be able to tell you the rules if the documents can be sent by mail or has to be submitted in the court in person.
* How does the filing proceed in the court?
You should also be aware of the further process after filing in the courthouse. The court system will be sending the notification to the creditors of the bankrupt company. Once the bankruptcy is filed and the notification is sent to the creditors, they are not support to contact the debtor for any finance settlement. Based on the type of bankruptcy filed in the court, the hearing of the case will be scheduled and the deadlines will be set for the creditors to file further claim. The debtor should be ready to answer any questions asked by the courthouse during the proceeding. Therefore, you should ask the attorney to be aware of the questions that will be asked by the court and the answers that should be given during the hearing.
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