Benefits Of Hiring a Bankruptcy Lawyer In Phoenix, Arizona
Unlike in criminal defense matters, a debtor is not entitled to a court-appointed attorney when declaring bankruptcy. You may have heard of others who successfully discharge their debts pro se, or without an attorney. You should educate yourself about the benefits and drawbacks of filing bankruptcy with a lawyer before drafting or filing your petition. While it may seem counterintuitive to spend money on an attorney when you are filing bankruptcy due to debt, but attorney representation can save you hassle, time, and most importantly, money in the long run.
Representation At Your 341 Meeting Of Creditors
You will need to attend this hearing whether you file Chapter 7 or Chapter 13. This hearing can be fairly short and simple. However, your case may be more complicated, or your creditors may appear and make objections about their debts being discharged in your case. When complications arise, you will want to have a Phoenix bankruptcy attorney present with you.
Hiring a Phoenix Bankruptcy Attorney is the Best Idea.
Creditors Must Stop Calling After You Retain a Phoenix Bankruptcy Attorney
When you hire a Phoenix bankruptcy attorney, creditors are required to direct all inquiries and other communications about your debts to your attorney instead of you. You can inform your creditors of your bankruptcy attorney once you retain, and additional calls to you could result in sanctions for your creditors.
Fast Bankruptcy Filings In Emergency Situations For People In Phoenix, AZ
When you’re facing an imminent repossession, wage garnishment, etc., it may serve you well to quickly find an attorney. Your attorney may be able to file your emergency petition in just a few days, or even faster.
Support Staff For Updates, Quick Bankruptcy Questions, etc.
Not every question and task related to your bankruptcy needs to be addressed by an attorney. When an attorney has experienced staff, they can handle several of your issues if your attorney is busy in court or with other clients.
What Are The Drawbacks Of Filing Without a Bankruptcy Attorney?
You Could Make Errors On The Means Test
If you make more than your state’s median income, you will need to use the Means Test to qualify for Chapter 7. If you file Chapter 13, you will need the Means Test to calculate how much your plan payments should be. You will need to deduct certain allowable expenses from your average income over the past 6 months. This will determine if you have any money that is spent on non-essentials that could be used to pay your debts. An incorrect Means Test calculation could end in a dismissal for your case.
You May Fail To Recognize Preferential Payments, Credit Card Spending Limits, & Other Bankruptcy Restrictions
This could result in delays in your bankruptcy filing. You may also incur extra fees because of preferential payments. Also, your trustee could take your assets. Worst case, your case may be dismissed. Therefore, be prepared to spend several hours researching bankruptcy laws. Especially if you plan to file without an attorney.
Almost Certain Failure In a Chapter 13 Bankruptcy Filing
Less than 1% of Chapter 13 bankruptcy cases that are filed without an attorney in Phoenix are discharged. While those who file Chapter 7 self-represented see moderately better success, you should plan to hire an attorney if you only qualify for Chapter 13. Our Phoenix Chapter 13 lawyers have filed many successful cases in Maricopa County, Phoenix.
Issues That Can Arise In Your Bankruptcy
There are several other issues that could arise in your bankruptcy, like your trustee taking your tax refund based on timing, residency requirements, upcoming inheritances or personal injury settlements, and more. When you file with a quality Phoenix bankruptcy attorney, you know your attorney will worry about these issues for you.
What To Expect From Your Arizona Bankruptcy Attorney
Your Bankruptcy Attorney Will Use Their Knowledge To Protect Your Assets From Your Trustee & Creditors
Your attorney can help you come up with creative solutions if your assets aren’t protected in Chapter 7. You might be surprised about how many assets you are able to keep if you declare Chapter 7. You also may need to reaffirm your debts, or even surrender financed assets you no longer want to keep. Your attorney will help you determine the best course of action for your assets during your consultation.
Your Phoenix Bankruptcy Attorney Will Draft Your Bankruptcy Petition Using Your Financial Documents
While gathering and submitting your documents will be no small task, it pales in comparison to using your documents to actually draft your bankruptcy petition. Most bankruptcy petitions start at a minimum of 50 pages. Your creditor mailing matrix will also need to be accurate, or your creditors won’t be properly notified of your bankruptcy and may proceed with collections despite the Automatic Stay.
Your Bankruptcy Lawyer Will Be Familiar With Creditor Methods & Local Trustees
Some creditors are more likely than others to appear at your 341 Meeting of Creditors and file adversarial proceedings during your bankruptcy. Your Phoenix bankruptcy attorney should also have general knowledge about local bankruptcy court procedures, as well as specific trustees’ preferences and rules. This is expertise that you won’t be able to find on the internet or from an inexperienced attorney.
What Is The Role Of a Bankruptcy Attorney In Arizona?
A Bankruptcy Lawyer Can Be Your Legal Advisor
There are several considerations that go into where, when, and which type of bankruptcy you file. It is difficult to keep track of all of these considerations without a legal education and a background in bankruptcy. Just be honest with your attorney, and they should be able to foresee any potential obstacles in your case.
An Intermediary Between You & Your Creditors
It can be far less confusing and stressful to hear news from your creditors when it has first been filtered through your attorney. Your creditors must contact your Phoenix bankruptcy attorney instead of you after being informed of your retainer.
Hearing Representation
Everyone who files bankruptcy must attend a 341 Meeting of Creditors. You may also need to attend adversarial proceedings and reaffirmation hearings in either bankruptcy chapter. Everyone who files Chapter 13 must also attend a plan confirmation hearing. An attorney will prepare you for these hearings and guide you through them real-time.
Post-Bankruptcy Support
Your Phoenix bankruptcy attorney should prepare you for what comes after bankruptcy, but that doesn’t mean you won’t have additional questions and concerns after your debts are discharged. You may have discovered long-forgotten debts that need to be amended in your bankruptcy petition. Additionally, you may need advice on how to rebuild your credit. If so, contact our Phoenix Bankruptcy Attorney for help.
Fresh Start Bankruptcy In Phoenix Is Just a Call Away
Bankruptcy can be a complicated process, but having quality attorney representation will ease much of the stress you experience. An attorney will expedite your bankruptcy process, and help you avoid additional fees and seizures of your assets. When you file with our Phoenix Bankruptcy Attorneys, you will get this type of quality representation from our experienced bankruptcy lawyers. Our dedicated staff and attorneys will guide you through each step of the process, so you can feel confident and secure throughout your entire bankruptcy. Call or use our online form to get started with your free consultation today. (480) 462-0406
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