How an Attorney Can Help You in Chapter 7

How an Attorney Can Help You in Chapter 7

What is the role of the attorney for the person filing a chapter 7 case?

The attorney for the person filing performs the following functions in a typical chapter 7 case:
a. Analyze the amount and nature of the debts owed by the person filing and determine the best remedy for the person’s financial problems.
b. Advise the person filing of the relief available under chapter 7 and the other chapters of the Bankruptcy Code, and of the advisability of proceeding under each chapter.
c. Assist the person in obtaining the required pre-bankruptcy budget and credit counseling briefing.
d. Assemble the information and data necessary to prepare the chapter 7 forms for filing.
e. Prepare the petitions, schedules, statements and other chapter 7 forms for filing with the bankruptcy court.
f. Assist the person filing in arranging his or her assets so as to enable the person to retain as many of the assets as possible after the chapter 7 case.
g. Filing the chapter 7 petitions, schedules, statements and other forms with the bankruptcy court, and, if necessary, notifying certain creditors of the commencement of the case.
h. If necessary, assisting the person filing in reaffirming certain debts, redeeming personal property, setting aside mortgages or liens against exempt property, and otherwise carrying out the matters set forth in the statement of intention.
i. Attending the meeting of creditors with the person and appearing with the person at any other hearings that may be held in the case.
j. Assist the debtor in attending and completing the required instructional course on personal financial management.
k. If necessary, preparing and filing amended schedules, statements, and other documents with the bankruptcy court in order to protect the rights of the person.
l. If necessary, assisting the person in overcoming obstacles that may arise to the granting of a chapter 7 discharge.

The fee paid, or agreed to be paid, to an attorney representing the person filing in a chapter 7 case must be disclosed to and approved by the bankruptcy court.  The court will allow the attorney to charge and collect only a reasonable fee.

What is the attorney fee charge to file a chapter 7 case?

Our office provides with a written agreement concerning all attorney fees and charges.  All fees must be disclosed to and approved by the Bankruptcy Court.  The amount of the fee depends on a number of factors such as difficulty of case, number of creditors, adversary proceedings, reaffirmation agreements, redemptions, lien avoidances, etc.  One size does not fit all and your case is unique to you.  We will tell you in writing what the fee will be.  If you have any questions about the fees or charges, please let us know.  You have a right to know what the fee will be. Our office will not advertise one fee and then charge you another fee when you come in to see us.  All fees will be put in writing for you.

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