Some Reasons Why You Don't Have A Simple Case

Many bankruptcy attorneys get calls from prospective clients who swear they have "a simple case."  Of course, we all want to believe that our case is simple, especially when a complicated case may warrant a higher fee.  However, these prospective clients are often a poor judge when evaluating the complexity of their chapter 7 or chapter 13 bankruptcy case.

When Your Bankruptcy Is Not Simple

1. Tax Debt.  The inquiry into whether tax debt is dischargeable is not a simple one.  It requires more than a base understanding of the language of Section 523.  Have you made an offer in compromise?  Did you file your taxes before they were assessed by the IRS?  These questions need to be answered before filing, and this inquiry is something that makes a case anything but simple.
2. You're new to the State.  If you have not continuously resided in California (or whatever state you live in now) for the past 2 years you might not be able to use California exemption law (or the exemption law of the state you live in now) to protect your assets in bankruptcy.  Since your bankruptcy lawyer in California is most familiar with California exemption law, having to use another state's exemptions to protect property makes the case more difficult. 
3. Self Employed.  If you have your own business and file chapter 7 bankruptcy the Trustee may require that your attorney file a motion to compel abandonment.  Any case where motion work may come into play is not an easy case.
4. Real Estate.  The largest asset in consumer bankruptcy cases are often homes.  Since your bankruptcy attorney must protect your home in chapter 7 bankruptcy it's value must be determined prior to filing.  If this value is close to the amount of equity you can protect in bankruptcy, your attorney will be working more on your behalf as he or she goes back and forth with the Trustee on your home's value.  
5. You're Pushy.  It's true that the squeaky wheel get's the grease, so a little "presence" can help move your case along.  However, being aggressive or "pushy" with your attorney can sour the attorney-client relationship.  If your attorney is thinking that your personality alone will require more of their time then you can expect a higher quote after the free consultation.  

Can You Eliminate Immigration Attorney Fees in Chapter 7 Bankruptcy?

Some clients want to know if their debt to an attorney can be eliminated in chapter 7 bankruptcy.  The situation may involve a former divorce attorney, criminal lawyer, or as is becoming more common, an immigration attorney.  

Immigration attorney fees are generally dischargeable in chapter 7 bankruptcy.  Whether the immigration attorney charges a flat fee or by the hour does not change the dischargeability of the debt.  Attorney fees are usually unsecured debt, just like credit cards and payday loans, that are included in a chapter 7 discharge. 

 Some clients believe they are in debt to their former attorney when they in fact owe credit card companies.  Many attorneys including immigration attorneys accept credit card payments.  When clients make a credit card payment to an attorney they have paid the attorney but now owe the credit card company the amount charged plus interest if not paid in full by the due date.  Since a part of bankruptcy is accurately listing your creditors and their contact information it is important for clients to understand who they owe before filing chapter 7 bankruptcy.

Why Filing Bankruptcy in Lake County is No Easy Task

If you're looking for a bankruptcy attorney in Lake County your search will not last very long.  With only a handful of bankruptcy attorneys in Lakeport, Clearlake, Kelseyville and surrounding communities Lake County residents don't have many options.  A quick internet search will yield 2-3 local attorneys holding themselves out as bankruptcy attorneys, but who in truth are more general practice than bankruptcy specific.

With such a small population of local bankruptcy attorneys many Lake County residents look to Santa Rosa for bankruptcy representation.  Located only an hour and fifteen minutes away Santa Rosa is not exactly next door, but not too far away either.  More to the point, there are many more bankruptcy attorneys for prospective clients to choose from, with many attorneys charging much less than Lake County attorneys.

The bottom line: prospective Lake County bankruptcy clients should look to Santa Rosa for cost-effective representation.