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Bankruptcy

Do you need to get out of debt right now? Bankruptcy may be an option.  

With the help of Godfrey Law, many people have finally realized that they can get out of burdensome debt without losing everything.

Filing for bankruptcy can also stop harassing credit collection calls, and put you in a better financial situation.

Get the best legal advice and expert document filing, so that you do not end up with more debt or legal problems.

Give us a call, or send us a message on our website.

What to Expect from Your Utah Bankruptcy Lawyer

Bankruptcy cases are complicated and involves a lot of paperwork, and you may not be equipped to file on your own, and walk away with no debt unless you have a good attorney on your side.

The severity of the case depends on:

  • The nature of your debts
  • Whether you are filing for a Chapter 7 or a Chapter 13 bankruptcy
  • Whether your property will be taken by a bankruptcy trustee
  • Whether you are a business owner
  • Whether you get sued in bankruptcy
  • Your income
  • Whether you are married or have children
  • Whether you file individually or jointly

One of the things you should look for in your lawyer is experience in litigation, especially how his experience relates to your case. If you are in a difficult situation, you may need additional help to get out of debt without losing everything.

This is why it’s so important to ask your lawyer what types of bankruptcy cases have they worked with before, and what they would do to protect you during your case.

Before You Hire a Bankruptcy Lawyer, Remember This

When you start looking through directories for lawyers in Utah, many law firms pop up with “bankruptcy” listed as a service. However, they may not have ever dealt with a Chapter 11 case because they are so complex. These are some of the points to consider during your search:

Previous Client Experience
You should ask the lawyer about what bankruptcy cases they have filed before. Some attorneys only accept Chapter 7 cases, while other practices prefer to handle Chapter 13 cases. Larger firms may handle both, as well as Chapter 11 cases. Your contention should be that they have the experience and knowledge to file the right paperwork for your case.

Avoiding Errors
Competence is key when it comes to filing for bankruptcy. If you have a lawyer that does not know if you will lose your assets to a trustee, then you will probably walk away from bankruptcy court with nothing. To avoid this, you need to talk to a lawyer who will outline the process and tell you step-by-step how he will protect you. In some cases, the seizure of your assets cannot be avoided, especially if you have liens against your assets from the IRS or other creditors.

Affordable Fee Structure
What does the lawyer charge to handle different bankruptcy cases? Chapter 7 and Chapter 13 cases do not have the same fees. It’s also true that cheaper is not always the way to go, especially if you have several assets that you want to protect. You also do not want to work with a “bankruptcy mill” lawyer who could potentially damage your credit, business and overall well-being simply out of neglect due to the complexities of your case.

When You Meet with a Bankruptcy Lawyer

Your initial consultation should be free. However, if you find a lawyer who charges for this, you need to know if they are worth the money, to begin with. To assess this first meeting with your bankruptcy lawyer, you should listen to these keywords.

Availability
When you make the consultation appointment, is the lawyer able to talk with you directly? Are you waiting for weeks for the initial meeting? Also, you should find out whether a paralegal will be handling your case, or if the lawyer himself will be working on it directly with you. How long does it take for your phone call to get returned if you leave an inquiry or message? Lastly, how comfortable does the lawyer make you feel? Does he answer your questions promptly and feel trustworthy? You should get some sense of whether the lawyer will be invested in your case or not, even after talking to him for the first time 

Explanation of Utah Bankruptcy Law
Is your lawyer well versed in Utah bankruptcy laws? You should ask specific questions and listen for concise answers that are easy to understand. After your first meeting, you should walk away with confidence that you know the process and what to expect from the hearing.

Listens to You
One of the most important things that clients often forget is that they are the client, and deserve to be heard and provide their input. If your lawyer does not listen to you, or makes you feel uncomfortable when you voice an opinion, then you should work with someone who does. Lawyers welcome clients who understand the law and want to problem-solve issues together. If you do your research and offer ideas, a lawyer should be able to show you why or why it will not help your case. A lawyer who thinks about your perspective will incorporate your ideas into their defense.

During Your Filing and Hearing
Filing for bankruptcy comes with a lot of paperwork. Your lawyer will handle all of this through specialized software that prepares and accurately files your documentation with the right court.

When you start this process, you will have to provide all of your financial information, including income, expenses and debts. Your lawyer uses this information to file the right paperwork, whether it’s for Chapter 7 or Chapter 13. They will then go over the paperwork with you to confirm accuracy and inform you of the succeeding process steps.

Lawyers will also know every deadline when it comes to filing for your case. You can avoid delays in your hearing, rejection, dismissal, and other consequences for not filing in a timely manner.

Your lawyer will represent you at all mandatory hearings involving your case. There may also be additional hearings depending on how complicated your case is, and whether you file a Chapter 13. Some common types of hearings include:

  • Chapter 13 confirmation
  • Motion or objection hearings filed by your lawyer to protect your assets

Your attorney should advise you throughout these hearings and give you a step-by-step plan that includes repayment options you can handle. When bankruptcy is the best option, you need a lawyer on your side who understands your limits so that you can get the best possible results.