Monday, April 28, 2014

How to Choose the Best Bankruptcy Attorney

Bankruptcy is a great way for many to get protection from creditors and re-gain control of their financial future. Whether you plan to eliminate debt through Chapter 7 or consolidate under Chapter 13, it is recommended that you always retain the help of an experienced bankruptcy attorney. With so many attorneys to choose from, the task of finding the bankruptcy lawyer who is best for you may not seem easy. 

If you follow the steps in this article, however, you will find it is not as hard as you think. Here are some important factors for you to consider:

  • Experience. Check-out the attorney's website. Look for an attorney who focuses his or her practice exclusively on bankruptcy, who has practiced bankruptcy law for a while and who has filed a lot of bankruptcy cases. The U.S. Bankruptcy Code is filled with traps and pitfalls and a general practitioner may lack the experience necessary to handle your case.
  • Reasonable Fees. The fees can vary widely in bankruptcy cases. Speak with a few experienced lawyers and find one who offers a fee you are comfortable with. If you are looking for a good attorney, don't make price your only determining factor. Low fees may indicate the attorney lacks experience or does poor quality work. Keep in mind that some attorneys are way over-priced. If you retain them, you will pay way more than you need to. Your goal is to find an attorney who offers the best quality service at the fairest price.
  • Call at least three attorneys to schedule an initial consultation. If you are not able to talk to someone right away, how long does it take for you to get a return phone call? The attorney-client relationship won't work without open communication and access to your lawyer. When you do speak with someone, make sure they make you feel comfortable and they answer your important questions before you hire the firm. Do they really care about your situation? Do they seem rushed or in a hurry when you speak with them? If the attorney appears uncaring or rushed during your initial meetings or phone calls, don't expect them to change after you have hired and paid them.
  • Avoid "bankruptcy mills". Remember, filing many cases is generally a good thing; however, some law firms file too many cases. While the lawyer you see on the computer or TV may be experienced, the attorneys who actually end-up handling your case may be right out of law school. These firms have so many cases, they may be too busy to return phone calls or provide the caring approach you need during this difficult time. Their high case volume also makes them prone to making mistakes. Most lawyers offer a free or low cost initial meeting. Take advantage of this opportunity and ask the lawyer about his or her practice. Ask if they will be the only attorney assigned to your case. Will other lawyers handle it during future meetings or when you go to Court?
  • Check out the attorney's reputation. Speak with attorneys and professionals you know and find-out who they typically refer bankruptcy cases to. Check the attorney's rating with the Better Business Bureau. Read the on-line reviews made by other attorneys and by current and former clients. They will provide insight on how the lawyer treats clients and handles their cases. If the attorney has received a public reprimand for being unethical, it should be easy to find and review on line
For more information, give bankruptcy lawyer Andrew Sapinski a call today. He has been practicing bankruptcy exclusively for over 14 years. Sapinski Law Office, S.C. always offers reasonable flat fees and convenient payment plans. 

At the same time, Sapinski Law Office S.C. is a full service law firm in Milwaukee that offers quality legal representation. Attorney Sapinski will help you every step of the way through your bankruptcy and can even help you restore your credit score after bankruptcy for no additional fee. 


Friday, April 25, 2014

Can I get rid of student loans through bankruptcy?

If you're struggling to pay back your student debt, then you may be looking for some debt relief options. Often, people will turn to bankruptcy to discharge their debt; however, before trying to do so, there are a few things that you need to know:
  1. Your student loans cannot be discharged in bankruptcy unless they cause undue hardship. 
    While paying back a five figure loan may feel like undue hardship, the courts define undue hardship as living under the minimum standard of living. In addition to having a minimal standard of living, you must also show that you have made a good faith effort to pay back your student loans in the past and that you will maintain a minimum standard of living in the future.
  2. You may not need to file bankruptcy to discharge your student loans.
    Non-bankruptcy options are available when it comes to student loans.  You may be able to pursue one of the may administrative remedies.  For example, federal student loans can sometimes be administratively discharged if your school closed-down during your attendance, if you are permanently disabled, if you are employed in specific public service jobs or if you are a relative of a victim of the 9/11 attacks.  You may also find relief under the various repayment plans that exist for federal student loans. What you pay under these plans is typically based upon your income. Examples are the Income Contingent Repayment plan, the Income Based Repayment plan or the Pay-As-You-Earn payment plan.
  3. You must take extra steps to discharge your student loans in bankruptcy. 
    In order to discharge your student loans in a bankruptcy, your bankruptcy attorney must first file an adversary proceeding which is a separate lawsuit within your bankruptcy and it is filed against the student loan creditor.  Please keep in mind that this area of law is extremely complex and requires the attention of a seasoned bankruptcy lawyer that has worked with student loan debts in the past.  You can expect your bankruptcy attorney fee will be substantially higher if an adversary proceeding is filed.

Retaining an attorney who is experienced with discharging student loan debt is worth it. Without success, you may be left paying off your debts for years and years to come, all the while interest keeps accruing. Get a fresh start today! Contact Sapinski Law Office, S.C. to find out your bankruptcy and non bankruptcy options.