It would be beneficial to learn that there are four primary forms of bankruptcy when seeking a bankruptcy attorney: Chapters 7, 11, 12 and 13. Just two, chapters 7 and 13 reflect personal options for bankruptcy. The remaining two forms of bankruptcy, chapters 11 and 12 and, respectively, for corporate and agricultural purposes.click here for more details
The first step you’ll want to take when finding a bankruptcy lawyer in the Kansas City area is to find out your lawyer’s practice areas. Some lawyers actually specialize in matters relating to bankruptcy. Many lawyers have a more general practice where they will enter many fields of practice with bankruptcy being among others.
Some attorneys may have a general practice but due to the recent changes in the economy they decide to seek bankruptcy out. If that’s the case, and the attorney is a solo practitioner, you’ll want to make sure you inquire if the attorney has a reference point from which he or she may get advice with stuff he or she does not know. The practice of bankruptcy law is highly complex, and the slightest error may often be the difference between whether the debtor receives a discharge or a dismissal.
The next thing that a prospective claimant may like to know is what kind of bankruptcy law the practice of lawyers is. Again, some lawyers focus exclusively on Chapter 7 bankruptcy practice. Some lawyers may prefer to focus on work under chapter 7 because it is less complicated than the work under chapter 13. In general, chapter 7 debtors do not have significant assets and are less tenuous than chapter 13 in procedural terms. It doesn’t mean that there are bankruptcy lawyers in Kansas City, who focus on Chapter 7 bankruptcy law, take chapter 13 cases.
Another important piece of knowledge that a prospective bankruptcy debtor needs to find out about is whether the solicitor can appear with the debtor at the creditors ‘ conference. The bankruptcy court for the Western District of Missouri must schedule what is called a 341 meeting until the paper work is finished and the papers are filed with the Bankruptcy Court.
This conference is also called the “First Conference of Creditors.” It would be the debtor’s first chance to negotiate with the bankruptcy trustee and challenge any creditors who may wish to prevent the bankruptcy from happening. The solicitor will not be confidential to someone who wants to contest the debtor’s discharge until creditors meet.
If the debtor’s attorney can not appear at the creditors ‘ meeting, the appointment of a substitute attorney is necessary. The debtor who does not have an attorney is usually not a good choice as the trustee may request some documents to be delivered to the trustee’s office within a limited time period or the trustee may have more detailed questions that the debtor may not be able to address.
When that were to happen, the debtor will need a lawyer there that has a copy of the petition for bankruptcy. Typically, when a debtor tries to conduct a creditors meeting without an attorney’s involvement, the debtor does not provide all the facts to properly satisfy the trustee’s inquiries.
The next thing a prospective debtor may want to learn when selecting a bankruptcy attorney in Kansas City is what’s included in the bill for the solicitor. That may vary from lawyer to lawyer. In general, the attorney’s fee is a flat fee that includes the filing charge for bankruptcy petitions. The fee is currently $300. The list of attorney duties may vary though. Some lawyers will cover anything with the fee that is charged from start to finish.
Many lawyers may charge an extra fee if it is appropriate to amend the petition or if the trustee needs meetings outside the creditors ‘ meeting. Such costs should usually be included in the legal services arrangement. If they aren’t, the prospective applicant may want to address these problems with potential bankruptcy attorney in Kansas City.
There are a few things a prospective debtor would want to know when selecting a bankruptcy attorney from Kansas City. An attorney’s choice is essential, and should not be based solely on advertisement.