Sunday, December 29, 2013

Foreclosure Defense Strategies in Sacramento

Show me the note!

Many online bloggers instruct homeowners in default to adopt the "show me the note" defense when facing foreclosure.  In essence, the homeowner is supposed to demand that the lender produce the original promissory note to evidence their right to pursue foreclosure in the event of default.  As mortgages are bought, bundled, and sold in the secondary market this tactic is designed to exploit this vulnerability of securitization.  However, courts have routinely held that non-judicial foreclosure can proceed without the lender producing the original promissory note.  As a result, the "show me the note" defense has become something of a pipe-dream among buyers in default.

So, what's the answer?

File chapter 13 bankruptcy.

Chapter 13 bankruptcy is a powerful tool in foreclosure defense.  In chapter 13 bankruptcy you can force your lender to accept your repayment terms while you keep your home.  In brief, you will repay your late mortgage payments over several years, and in exchange you will get to keep your home.  

Friday, December 6, 2013

Wage Garnishment & Bankruptcy

Many people experiencing a wage garnishment turn to bankruptcy.  In short, bankruptcy can stop a wage garnishment and discharge the underlying debt.  In fact, once a bankruptcy petition is filed with the court the "automatic stay" prevents the continuation of a wage garnishment.  For example, if you have a wage garnishment effective on Monday, but file bankruptcy on Tuesday, you will not have a 25% deduction from your wages on Wednesday.  The relief provided by the automatic stay is often the motivating force for debtors to call a bankruptcy attorney.  However, waiting until a wage garnishment is active is often a sign that the debtor should have called a bankruptcy attorney earlier.  With advance planning a bankruptcy petition can be filed before a wage garnishment comes into existence, thereby protecting wages and making the entire bankruptcy process generally easier and less rushed.


Monday, November 18, 2013

Bankruptcy Quotes: Finding BK Lawyers

While personal referrals are the best way to find a trusted bankruptcy attorney, many people do not want to share their financial troubles with friends or relatives. If personal referrals are not an option for you using the internet may be your best tactic for finding a good bankruptcy attorney. How To Find A Bankruptcy Attorney on http://sacramentobankruptcylawyer.us

You should be looking for a qualified bankruptcy attorney who charges a transparent fee. You should hire a bankruptcy attorney who has their act together and who adds value to your case by charging less than the estimated value of your discharge. The right bankruptcy attorney will take their time explaining the law to you during the free consultation, and will not pressure you to sign a representation agreement. Once you have found a Santa Rosa bankruptcy attorney like this, consider hiring them to represent you in your bankruptcy. You will probably fare better with this bankruptcy attorney than a supposedly “cheap” one.  http://santarosabankruptcy.us/

Tuesday, November 12, 2013

How Much Does Chapter 7 Bankruptcy Cost?

Everyone wants to know what their bankruptcy will cost before they pick up the phone and call a bankruptcy attorney.  Unfortunately, bankruptcy attorneys do not post prices online or guarantee certain prices in advertisements.*  Hiring a bankruptcy attorney is not like ordering a medium pizza.  All chapter 7 bankruptcies do not cost the same amount; the total cost of your chapter 7 bankruptcy will depend on the complexity of your case

If you have a no-asset case (all assets are covered by bankruptcy exemptions) your chapter 7 bankruptcy will cost less.  If you have very little income such that you circumvent the means test your bankruptcy will cost less.  If you do not have any dischargeability issues, do not own a business, and do not have any problem debts your bankruptcy will also cost less.

The cost of your chapter 7 bankruptcy will include the attorney's fee, filing fee, credit counseling, and possibly the cost of buying a credit report and tax transcripts.

*(Well, that's not strictly true.  Some petition mills post ads guaranteeing a certain price for a chapter 7 bankruptcy, but the total cost of chapter 7 bankruptcy always turns out to be greater than the posted price.)

Thursday, October 31, 2013

Qualifying For Chapter 7 Bankruptcy In Sonoma County

Qualifying For Chapter 7 Bankruptcy With High Income in Santa Rosa, CA


Filing for bankruptcy in Sonoma County or Sana Rosa, CA is generally similar to filing in other locations in the Norther District of California, but the relatively high average income for the County, and by extension your own high income, may be holding you back from qualifying for chapter 7 bankruptcy.  Remember, to qualify for chapter 7 bankruptcy you must pass the means test or have income below the state median for a household of your size.  Sonoma County and Santa Rosa residents may have incomes reflective of the higher cost of living in the area, and this high income may be sabotaging their eligibility for chapter 7 bankruptcy.  If your income is holding your back from chapter 7 bankruptcy here are a few things you should consider.

Talk to an experienced Santa Rosa bankruptcy attorney


An experienced Santa Rosa bankruptcy attorney can help you structure your expenses over 6 months to pass the means test in bankruptcy.  Under the means test certain expenses can be deducted.  An experienced Santa Rosa bankruptcy attorney will take an itemized list of your current expenses and tell you which expenses should become a priority and which should be decreased.

Start the process early


Many people considering bankruptcy wait until the last minute.  As soon as things become unbearable they turn to a bankruptcy attorney expecting the process to take days instead of months.  In reality, bankruptcy is best when there are a few months to prepare.

Don't hire the cheapest attorney in Santa Rosa


A cheap Sonoma County bankruptcy lawyer may just look at your situation and tell you to file for chapter 13 bankruptcy.  These attorneys may just look at your income and say "well, it's above the state median for a household of your size, so you don't qualify for chapter 7 bankruptcy."  A good bankruptcy attorney in Santa Rosa, CA will run the means test, deduct your secured debt payments and allowed expenses, and explore the possibility of increasing deductible expenses.  In short, pay a little more for an experienced bankruptcy attorney.

Tuesday, October 29, 2013

Bankruptcy Attorneys Can Stop...

Bankruptcy Attorneys Can Stop Your Credit Nightmare


Bankruptcy attorneys can help you file a bankruptcy petition with the United States Bankruptcy Court.  Upon filing your petition the automatic stay comes into effect.  The automatic stay serves as an automatic injunction against collection efforts such as wage garnishments, foreclosure, repossession, collection calls, etc.  Why does the automatic stay exist?  To protect the bankruptcy estate's property and to force creditors to participate in the bankruptcy system rather than resorting to self-help measures.

What Bankruptcy Attorneys Can Stop


A bankruptcy attorney can stop foreclosure.  If you are behind on your mortgage payments a bankruptcy attorney can help you keep your home through chapter 13 bankruptcy.  In chapter 13 bankruptcy you can cure defaults on long-term debts like missed mortgage payments while you keep your home.

A bankruptcy attorney can stop a credit card lawsuit.  When the bankruptcy petition is filed with the bankruptcy court collection proceedings, such as credit card lawsuits, are automatically stayed by federal law; that means that the state court credit card lawsuit must stop.  However, the California state court will want a party to the suit to file a "notice of stay of proceedings" which requires attaching the first page of your petition to a Judicial Council form.  Following the California Rules of Court some Judges will want you, the debtor, to file this form with the court, and some creditor attorneys will wait for you to comply.  Rest assured that federal law trumps state law, and bankruptcy case law, a creature of federal law, places the responsibility on the creditor to stay collection lawsuits.  Consequently, it is the responsibility of the creditor's attorney to file the notice of stay of proceedings to stop the credit card lawsuit.  If they do not you may be able to pursue a contempt proceeding for violation of the automatic stay.

A bankruptcy attorney can also stop repossession and wage garnishment.  However, if you file for bankruptcy and cannot redeem or reaffirm your secured car loan the creditor may be able to eventually reposes the car.  (Learn more about cars in bankruptcy).  If your wages are being garnished you can stop the garnishment by filing for bankruptcy.

In short, bankruptcy attorneys can stop your collection nightmare.  If you have gambling debt that has blossomed into insurmountable credit card debt, bankruptcy may be able to help.  (As long as your debt can be discharged in bankruptcy; fraudulent debt cannot be discharged in bankruptcy).  To learn more about your California bankruptcy options contact a local bankruptcy attorney.

Tuesday, August 13, 2013

Bankruptcy Tips

Consult with a bankruptcy attorney as soon as debt becomes overwhelming or when you are just making the minimum payments.  A bankruptcy attorney can educate you as to your options early on, saving you months of wasted time paying down interest on debts you can eliminate in bankruptcy.  Also, a bankruptcy attorney can help you prioritize your debts and create a manageable plan for eliminating debt.  Part of that plan may include discharging debts in chapter 7 bankruptcy.  Another part of that plan may include budgeting for non-dischargeable debts.

Don't try to hide assets.  Many people think that they can get one over on the bankruptcy trustee.  They think that they are smart enough to hide an asset in bankruptcy so that it won't be sold.  Later on when they are caught these same people often believe they can deflect the blame onto their attorney by lying and saying "but Mr. Trustee,  I told my bankruptcy attorney all about this asset."  Do yourself a favor and disclose all assets to your attorney and don't even try to hide an asset in bankruptcy.  Don't sell your car to your brother on the eve of filing and don't gift thousands of dollars to your son right before you file for bankruptcy.  If you're lucky you will just be denied a discharge entirely.  If you're unlucky you will have committed a bankruptcy crime and be punished accordingly.

Tell your bankruptcy attorney everything when it comes to your past transactions, income, debts, and assets.  Your bankruptcy attorney needs this information to protect you and your property down the road.  You're not doing yourself any favors by only giving him half the picture because you are embarrassed about something or think that by not telling him you can hide the asset down the road.  When in doubt, disclose, disclose, disclose.

To learn more visit http://sacramentobankruptcylawyer.us/

Thursday, August 8, 2013

Evaluate Your Bankruptcy Options Early

Many people wait to the last minute to file for bankruptcy.  For example, many people facing foreclosure wait until the day before the foreclosure sale to contact a chapter 13 bankruptcy attorney.  During the call the individual will state that they are facing a foreclosure sale tomorrow and need to file an emergency bankruptcy petition today.  This is possible, but often not optimal.  It would have been far better for both the attorney and client if the individual had contacted the attorney as soon as they received notice of the foreclosure.  With this advance notice the attorney and client could have drafted a solid chapter 13 plan and been well prepared for the eventual foreclosure.  Instead, by waiting until the last minute the filing and preparation of the documents will be rushed.  The moral of this story is to evaluate your bankruptcy options early; don't wait until the last minute.

Learn more at http://sacramentobankruptcylawyer.us/

Wednesday, July 17, 2013

Bankruptcy Steps

Many chapter 7 bankruptcy cases follow the same step-by-step process. There may be some variation among attorneys as to who you are talking to, such as whether you will be talking to the attorney or staff during meetings after the initial consultation, but most of the steps are the same among bankruptcy attorneys. The following steps are the norm among chapter 7 bankruptcy cases.

Step 1: Free consultation

Most bankruptcy attorneys offer a free consultation. The free consultation is your opportunity to get answers to your questions and learn whether bankruptcy is right for you. At the end of your consultation you will be quoted a fee and can hire the attorney at that time.  To learn more about a free consultation with our Sacramento bankruptcy lawyer visit sacramentobankruptcylawyer.us

Step 2: Bankruptcy Homework

Contrary to popular myth, bankruptcy attorneys do not have a magic wand they can wave that will create all of your bankruptcy documents without any information supplied by you. To draft all of the documents that will be filed in your bankruptcy the attorney will need substantial documentation from you. You will need to supply 6 months of pay stubs, bank statements, etc.

Step 3: Review

The attorney or staff will review your documents with you before they draft your petition, statement, and schedules.

Step 4.... Watch the video to find out the rest.

 

Monday, July 15, 2013

Precarious situations you can avoid by seeking the help of bankruptcy attorneys

Guest post by Andy Masaki 

For many debtors, deciding to file for bankruptcy can be a time-consuming and intimidating decision. Bankruptcy is a legal process through which you can eliminate your debt and get them discharged to start a fresh life. Since this is a legally binding process that requires specialized knowledge and practice, you should avoid taking the plunge alone. There are bankruptcy attorneys who can offer you help in order to let you complete the bankruptcy process successfully. People sometimes wonder what bankruptcy attorneys can do for them, and if you too are wondering about the ways in which a bankruptcy attorney can help you, check out some precarious situations that you can easily avoid by seeking the assistance of a bankruptcy attorney.

·         Inability to make the decision about debts that you should discharge in bankruptcy


The most common consumer bankruptcies are Chapter 7 and Chapter 13 bankruptcy. When you make the decision to file for bankruptcy, you may be confused about which debts to choose to discharge through the process and which debts to repay or reaffirm. Making the wrong decision will come back to haunt you in the long run, and you might end up killing your fresh start before it began. You can avoid such situations by hiring a bankruptcy attorney as they will help you choose the debts you may discharge and tell you which ones to reaffirm. They will check your present financial condition before helping you.

·         Inability to decide which kind of bankruptcy to file


There are debtors who fail to choose among Chapter 7 and Chapter 13 as they’re unaware of the pros and cons of each chapter, and unaware of the way in which each type is executed. In Chapter 7 bankruptcy, you tend to discharge all your unsecured debts and with Chapter 13 you’re able to buy yourself enough time throughout which you’re able to repay a certain portion of your debts. If you hire a Chapter 13 bankruptcy attorney, he might have the right experience to inform you about the ins and outs of each kind of bankruptcy so that you can make an informed decision.

·         Harassment from your creditors and debt collection agents


Although the automatic stay bars all kind of collection calls from the debt collectors and the creditors, there are still some who keep on calling your employer and your friends and family members. But if you hire a Chapter 13 bankruptcy attorney in your state, he will ensure that the creditors and the debt collection agents call him and not his client. This will alleviate the stress of attending harassing calls and explaining the reason behind your non-payment of bills.


So, we see that bankruptcy entails a long legal process before debts may be discharged. Hiring a Chapter 13 bankruptcy attorney will always help you stay in the right direction. However, you should shop around and choose a trustworthy attorney who has your best interests in mind. 

Thursday, July 11, 2013

Can I discharge a social security disability overpayment in bankruptcy?

Generally, yes.  Social security disability overpayments are generally dischargeable in bankruptcy like any other unsecured debt.  They are not nondischargeable penalties owing to a governmental unit or tax obligations.  However, social security disability payments cannot be discharged in bankruptcy if the overpayment was a result of fraud or a false statement.  Section 523 of the bankruptcy code excepts fraudulently incurred debts and debts incurred by a false statement from discharge.  Consequently, if the overpayment was the result of a material misrepresentation perpetuated by you, then you run the risk of the overpayment being nondischargeable in bankruptcy due to fraud.

Learn more about fraudulently incurred debts in bankruptcy or visit our bankruptcy lawyer's page at www.sacramentobankruptcylawyer.us

Do I have to pay off all of my unsecured debt in chapter 13 bankruptcy?

Not usually.  However, whether you will have to pay off 0% or 100% of your unsecured debt will depend upon your disposable income and the best interest of creditors test.  By extension, whether you will have to pay of all of your unsecured debt in bankruptcy will depend upon your income, expenses, value of assets, and exemptions.

Bankruptcy Lawyer @ sacramentobankruptcylawyer.us

In chapter 13 bankruptcy your unsecured creditors must get whatever they would be entitled to in chapter 7 bankruptcy.  What this means is that your general unsecured creditors must get at least the present value of your non-exempt assets.  Furthermore, you must dedicate your disposable income to your repayment plan, and the calculation of disposable income depends on whether your current monthly income exceeds the state median income for a household of your size.  These calculations and legal tests are beyond the scope of this article, but you can learn more about the best interests of creditors test.

What are my options with a student loan garnishment in bankruptcy?

Filing for bankruptcy will stop the garnishment of your wages for student loans, but the chapter 7 or chapter 13 bankruptcy will not absolve you of the debt unless you can prove that your student loan debt is an undue hardship.  To establish an undue hardship you will have to prove 3 elements established in Brunner v. NY HESC.  Those elements are:

"(1) that the debtor cannot maintain, based on current income and expenses, a "minimal" standard of living for herself and her dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans."

In light of the difficulty of satisfying this test, few student loan debtors have been successful in discharging their student loans in bankruptcy.  In particular, the requirement that your circumstances are likely to persist for a significant portion of the repayment period has proved to be a high hurdle to clear, as repayment obligations can exceed 20 years.

You can learn more about student loans in bankruptcy

Chapter 13 bankruptcy can provide some minor relief if your wages are being garnished for student loan debt.  In chapter 13 bankruptcy your wages will not be garnished during your 3 to 5 year chapter 13 plan, but you will likely be unable to satisfy the entire balance within the time period so your debt will continue after your bankruptcy has been concluded.

If you recognize that this country is facing a student loan crisis, write to your elected officials and demand debt relief; demand an easier path to discharging student loans in bankruptcy.

Can my bankruptcy attorney refuse to speak with me?

An attorney licensed in the State of California must meet their professional obligations, including the duty to keep their client reasonably informed of the status of their case.  If your attorney is refusing to keep you updated as to your case, or if they have failed to respond to your reasonable request for an update, they may have violated a rule of professional conduct.  In turn, you may file a complaint with the California State Bar and/or fire your attorney.  Once you fire your attorney you will terminate your attorney-client relationship.  Furthermore, you will probably have to hire another bankruptcy attorney to represent you in bankruptcy.

Before you file a complaint against your attorney, be sure they have actually failed to keep you informed.  If the attorney took a day or two to return your phone call on a minor matter, their conduct probably did not rise to the level required for a violation of professional ethics.  Hence, be sure that your attorney has really refused or completely failed to respond to your reasonable requests for information before you consider taking action against them.

Will I lose my property in bankruptcy?

Whether you lose your property in bankruptcy will depend upon several factors.  First, in chapter 7 bankruptcy you may lose non-exempt property.  However, in chapter 13 bankruptcy you will be able to keep your property with a few exceptions (ex. best interest of creditors test).  Second, California exemption law will dictate which categories of property up to certain amounts can be protected in bankruptcy.  If the value of a certain category of property exceeds the allowed exemption amount provided for that category, the property can be sold in bankruptcy.  Likewise, if you have property that is not covered by a California exemption, the property is non-exempt and can be sold in chapter 7 bankruptcy.

To determine whether your property will be sold in bankruptcy speak with an experienced bankruptcy attorney.

Wednesday, July 10, 2013

Investigating Bankruptcy Attorney Reviews

Sometimes bankruptcy attorneys post fake reviews online to boost their rankings.  Just as restaurants might impersonate a satisfied client and leave a 4 star review on Google Local, so to do some bankruptcy attorneys who are willing to compromise their ethics for page rank post fake reviews online.  These attorneys (or their SEO contractor or staff) will create a social media account for a fictional person and use that account to leave a review of their own firm. Sometimes these fake reviews are easy to spot; if there are 10 reviews posted within 2 days, chances are they're fake.  Sometimes the reviews must be investigated before they can be labeled as fake; if the social media account responsible for the review has a stock profile photo, no "about" information, and has done nothing else than leave the 1 review, chances are the review is fake.  The consequence of these fake reviews is that consumers must be more savvy before they pick up the phone and call a bankruptcy attorney.

How to spot a fake bankruptcy attorney review


Sometimes these fake bankruptcy attorney reviews are easy to identify.  If the attorney had 0 reviews on Monday but suddenly has 10 reviews on Tuesday, we can safely assume that the attorney had something to do with the sudden influx of reviews.  More stealthy attorneys will create fake social media accounts to post 1 review for their own firm.  The consumer in these instances must click on the social media account responsible for the review to determine whether the review is fake.  Again, if the profile photo looks like a model and the account has no personal information or activity except for the 1 review, that review is likely B.S.

Tuesday, July 2, 2013

Why some bankruptcy attorneys write mediocre content

Some bankruptcy attorneys are guilty of writing mediocre content to increase the page rank of their website.  These shallow articles shamelessly interject keywords and are clearly written more for search engines than people.  The author of this post is guilty of this very crime as can be seen in "how to find a Sacramento bankruptcy attorney" and "why some Sacramento bankruptcy attorneys are expensive."  Readers of these articles will tire of the useless repetition of the term "Sacramento bankruptcy attorney" and will shortly click-away from the SEO fluff.  Admittedly, these articles would be far more engaging and readable without the prevalent use of high-traffic geographically-targeted keywords, but sadly would not be considered by search engines to be very relevant for the same keywords in their absence.  For instance, if the above articles dropped "Sacramento" from their title and body the articles would not rank well for the keyword "Sacramento bankruptcy attorney," and the theme of the site would be less about Sacramento bankruptcy attorneys and more about bankruptcy attorneys in general.  Since local bankruptcy attorneys are only (and can only) target their local area, these geographic keywords are a necessary evil: without them their site will not rank well for local terms, but with them their site may rise to the top of the coveted 1st page of Google.  With silo architecture these articles may stand a better chance of propping up the local bankruptcy attorney's homepage.  Therefore, some bankruptcy attorneys write mediocre content to increase the page rank of their website and thereby generate local business.

Friday, June 28, 2013

New bankruptcy attorney articles

Some clients try to conceal assets in bankruptcy.  Even though their bankruptcy attorney has warned them of the consequences of concealing assets in bankruptcy, and their explicit instruction to be complete, accurate, and truthful in the information disclosed on the petition, some bankruptcy clients think they can outsmart the system.  Read why blaming concealed assets on your bankruptcy attorney won't work.

Tying into the previous post, why attorneys tell clients to disclose all assets in bankruptcy goes over the disadvantages of concealing assets in bankruptcy.  In short, clients risk committing perjury by concealing assets.

Many clients who turn to bankruptcy are facing a credit card lawsuit.  Often these clients have been served with a complaint and have 30 days to respond to the suit.  These clients call a bankruptcy attorney because they know that an attorney can stop a credit card lawsuit through bankruptcy.

Attorneys posting fake reviews of their own practice is becoming a real problem  These bankruptcy attorneys create fake accounts and impersonate former clients while they post positive reviews of their own practice.  This unethical behavior means that you need to watch out for fake attorney reviews.

The cost of bankruptcy is something that not all clients are prepared for.  The several hundred dollar filing fee often surprises chapter 7 and 13 bankruptcy clients.  Learn more on the cost of bankruptcy as explained by our attorney.

The bankruptcy lawyer consultation process is something that most prospective clients are unfamiliar with.  This quick guide to the lawyer consultation process will help prospective clients prepare for their free consultation.

Lastly, finding information on the Sacramento bankruptcy court can be difficult.  Our attorney has created this short post to help clients get some basic information about the court.

Find more posts by our bankruptcy attorney on bloglines.

Tuesday, June 25, 2013

California Bankruptcy Exemptions

Many people are worried that they will lose their property in bankruptcy.  These people understand that chapter 7 bankruptcy involves the sale of property before they can receive a  discharge, and mistakenly believe that all of their property will be sold accordingly.  In truth, California has two exemptions schemes that can be applied in bankruptcy to take property off the "for sale" table.  By exempting a particular piece of property in bankruptcy you are removing the equity you hold in property from the bankruptcy Trustee's grasp. In turn, you are allowed to retain that exempt property to the extent the exemption amount covers all of the equity in the property and the property is not encumbered by a lien.

California 704 Exemptions in Bankruptcy


As mentioned, California has two sets of exemptions known as the 704 and 703 exemptions, both of which are named after their respective code sections.  The 703 exemptions protect fewer specific forms of property than the 704 exemptions but gives the debtor the ability to use a "wild card" exemption to protect over $23,000 of any property, including nonexempt property.  The 704 exemption protects more specific forms of property and provides for a homestead exemption that can be used to protect equity in the debtor's home.

The 704 California exemptions protect many forms of property.  Building materials are exempt up to $2,875 at the time of this writing. Reasonably necessary health aids are also exempt, as are reasonably necessary household furnishings, appliances, and wearing apparel.  Up to $7,175 of jewelry, heirlooms, and works of art are exempt in bankruptcy.  Tools of the trade reasonably necessary in your profession are also exempt in the amount of $7,175.  Up to $2,725 of a motor vehicle is also exempt.

Read more about bankruptcy here, or visit our bankruptcy page.    To learn more about our bankruptcy attorney at Sacramento Law Group click here.

Monday, June 24, 2013

Bankruptcy Attorneys Don't Charge That Much

If you just hired a bankruptcy attorney you probably disagree with this title.  However, in comparison to the rates charged by attorneys in other practice areas, consumer bankruptcy attorneys don't charge that much. DUI attorneys: easily $4,000-$10,000 per case; personal injury attorneys: 30% of the tens of thousands of dollars recovered; divorce attorneys: $250 an hour for hundreds of hours; bankruptcy attorneys: $1,500-$4,000.  Moreover, a percentage of the chapter 13 bankruptcy attorney fee is payable over 3 to 5 years.  Hence, higher bankruptcy attorney fees come with built in financing, something atypical in the realm of attorney fees.

Most bankruptcy clients understandably balk at a $2,500 fee quoted for a chapter 7 bankruptcy, but compared to the rates charged by attorneys in other practice areas this seemingly high rate is anything but.  If the attorney actually drafts the bankruptcy documents and responds to client calls throughout the bankruptcy case, the attorney will likely compensate themselves at an effective rate of approximately $100 an hour.  Now, many bankruptcy attorneys do not actually draft the bankruptcy documents or personally respond to every client call.  This prevalent bad behavior that frustrates clients is a necessary evil of a high volume practice with comparably low fees per case.  Chapter 7 and 13 cases pass through a firm supply chain where tasks are performed by the lowest paid individual competent to handle the task.  Bankruptcy attorneys who are the highest paid individuals in the firm naturally avoid time intensive tasks in low fee cases and instead rely upon cheaper paralegals or secretaries to handle time intensive matters.  The consequence of this assembly line with minimal attorney involvement is often poor customer service as evidenced by the mounting frustration experienced by many clients of "bankruptcy petition mills."

The bottom line is that good bankruptcy attorneys who are generous with their time are often among the most expensive bankruptcy attorneys.  Cheap attorneys may charge less, but will need to reduce their role in each case and utilize lower paid staff to turn a profit.

Find out more about our bankruptcy attorney here or click here.