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How to choose your attorney

  Here are somethings to think about when choosing a bankruptcy attorney.

Expertise -  Law firms can be like medical practices. You can have an internist but you wouldn't want them performing complicated brain surgery.  The area of bankruptcy law is very complicated.  Choose a firm that specialized in bankruptcy and is dedicated to knowing nothing but bankruptcy law.  This is one time that age matters.  Our firm has over 30 years of experience.  

Experience- Even in a firm that is a bankruptcy law firm, you want one that handles complex cases, even if your seems simple and straightforward.  As the follow questions: How long as the attorney been in practice? What is their experience and expertise? Ask what percentage of their practice is devoted to bankruptcy? Does the attorney know all of the different Chapters of the Bankruptcy Code and how if the State law may have any variations?  If your case requires litigation, what is the attorney's  experience in the Courtroom?

Costs - The cost of an attorney is probably the worst reason to choose an attorney.  Ask if the fee is a flat fee, a percentage of your debt, or a retainer billed hourly.  Be suspect of the lowest cost firms, they may not cover cost that could arise that are unexpected during the duration of your case. Many low cost firms do not include defending lawsuits in their fees.  The most expensive lawyer may not be the best and the least expensive may not be the worst.  

Size of the Firm - Some people prefer large firms.  In a large firm you may have someone to speak to but it may be a staff member as opposed to your attorney.  Others believe that small firms will give you the personal touch. This is a matter of personal preference.   



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Links

www.mdb.uscourts.gov    United States Bankruptcy Court
www.law.cornell.edu/uscode/text/11 United States Bankruptcy Code
www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.th Maryland United States Trustees Office of Consumer Credit Counseling Resources
www.irs.gov  Internal Revenue Service

Bankruptcy Checklist

Documents to provide to your attorney:
  • Credit Counseling Certificate (www.abacuscc.org)
  • Last 3 filed Federal Tax Returns for yourself
  • Last 3 filed Federal Tax Returns for any business you own
  • The previous 6 months of pay stubs/pay advances
  • Other sources of income
  • Copies of the last 2 month statements for all checking accounts
  • Copies of last 2 months of statements for all savings accounts
  • Copies of stock, mutual funds and investments owned
  • Insurance policies with beneficiaries
  • Copies of pensions, erisa qualified
  • Copies of all mortgage statements
  • Copies of all lawsuits, foreclosure notices, garnishments and other court papers
  • All billing statements 
  • All IRS and State owed taxes
  • Collection letters
  • Payday loans
  • MVA insurance owed
  • Unemployment overpayments
  • Fines, etc

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