Why would an attorney not take on my bankruptcy case? I’m Steve Kramer of the Kramer Law Firm. I’m a Florida bankruptcy attorney.
Well, the first issue that might cause an attorney to not take on your bankruptcy case is a concern about truthfulness. Attorneys can be liable and individuals filing bankruptcy can be liable for any misrepresentations to the court – can actually include criminal liability if you make misrepresentations. An attorney wants to make sure that everything you’re telling us is truthful so that we can represent you the best way in bankruptcy court.
Next reason we might not want to file a bankruptcy or take on your case is that your assets may too high. If you’ve got a million dollars in assets and a half million dollars in debt, it doesn’t make sense to file a bankruptcy because you’re going to have to forfeit most of those assets to wipe out the debt. Now that’s an exaggeration of a certain scenario but we want to look at this carefully.
Bankruptcy isn’t a cure-all and it isn’t the answer for everybody. We want to make sure you have good advice and you may a good skilled decision.
Next. Attorneys generally get paid in full before they file a bankruptcy. And the reason is when you file a bankruptcy you’re discharging debt. Well, if you still owe your attorney the fee for the bankruptcy before you file it – or when you file it – then the bankruptcy attorney is going to be wiped out. They’re not going to get paid. So most attorneys have a policy about getting paid in advance.
Now at our firm we do payment plans so that we can make sure that filing a bankruptcy is affordable for our clients and we’re here to work with you and make sure the fees are affordable. But that’s just something you need to know about any attorney taking on your case for bankruptcy.
And lastly is that you might fail what’s called “the means test”. And in order to file a Chapter 7 liquidation bankruptcy you have to have below a certain kind of income. And if you don’t, you’re going to have a tough time filing. Now there’s ways we can get around that and there’s exemptions to that rule, but if you don’t pass the means test and there’s no way around it then you’re not going to be able to file a Chapter 7 bankruptcy.
And those are really the reasons why an attorney wouldn’t take your case. Now, why am I telling you this? Because if you’re thinking about filing bankruptcy, this is information you need to have. This is valuable information that’s going to help you out a lot. I deal with this every day. So if you have any questions I would love to help you with your case. Call me at the number below.
Thanks for watching! I’m Steve Kramer.
Call 877.493.4847 and I’d love to talk with you.
If you prefer email, please use the Contact Form on the Right.
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Why Would an Attorney Not Take My Bankruptcy Case?
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