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  • How To Choose The Right Bankruptcy Attorney For Your Case

    Facing bankruptcy is an emotionally draining, stressful, and overwhelming experience. When you are facing bankruptcy, you will have to deal with complex bankruptcy laws and the bankruptcy process. In this situation, having the right bankruptcy attorney by your side can make all the difference and make the entry process easy for you. A competent bankruptcy lawyer or attorney can provide professional, invaluable guidance, help you go through the bankruptcy laws, and increase your chances of achieving the best possible outcome in your bankruptcy case. This blog will discuss how to choose the right bankruptcy attorney for your case.

    What is Bankruptcy Law

    Before you search for a professional bankruptcy attorney firm, it’s essential to have a basic understanding of bankruptcy law. Please familiarize yourself with the types of bankruptcy, such as Chapter 7, Chapter 13, etc. Learning the basics of the bankruptcy process and its impact on your financial future is also important. This basic and essential knowledge will help you to evaluate and assess potential attorneys better, and it also assists in communicating your needs to them. A basic understanding of bankruptcy law will help in making informed decisions.

    Choosing the Right Bankruptcy Attorney

    Determine Your Needs

    Bankruptcy cases have different needs and situations. The conditions are other for business bankruptcies and consumer bankruptcy cases. It is significant to understand clearly the specific nature of your case, which helps you find the right bankruptcy attorney for yourself. Identify in detail your needs and goals. Determine whether your case is debt relief, business restructuring, or asset protection. This knowledge will help narrow your search to bankruptcy attorneys skilled in your specific type of bankruptcy case.

    Recommendations & Referrals

    Recommendations from friends, family, colleagues, etc., help a lot when looking for a professional and reputable bankruptcy attorney. This is one of the most reliable ways because you will get first-hand experience from the people who underwent the same procedure. Getting recommendations is also helpful as they save time, money, and energy. Personal referrals are the best because they provide valuable insights into an attorney’s professionalism, competence, and potential to manage and handle bankruptcy cases. It is suggested that you always take recommendations.

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    Conduct Online Research

    In the digital age, online research is a valuable and useful tool for finding the right bankruptcy attorney. There are several ways to check the reputation of a good bankruptcy lawyer or bankruptcy attorney firm. You can read the reviews of past clients and see the rankings, testimonials, and ratings. You can also ask about bankruptcy law attorneys in online forums for more detailed insight. Also, you can ask on social media website groups in which people will further guide you and recommend the best bankruptcy attorneys.

    Online research also helps better understand your specific type of bankruptcy case. The more you get information, the easier it will be for you to go through the entire process. While online reviews should be considered, remember that they may only sometimes provide a complete picture of an attorney’s capabilities. So take time and make the decision when you are delighted.

    Consult Different Bankruptcy Attorneys

    It is suggested that you take your time with the decision-making process. You can schedule consultations with different bankruptcy attorneys to discuss your bankruptcy case. When you are in this process, ask questions about their approach, work style, experience, bankruptcy cases, fees, and communication methods. Observe how comfortable you feel communicating with every attorney and whether they take the time to address your questions and concerns.

    A professional and experienced bankruptcy attorney will always be patient and give you the needed time. They will gladly answer your every question and ensure you leave satisfied with their office. Take your time and be satisfied before you make the final decision.

    Assess Specialization & Experience

    Always remember that experience matters a lot in bankruptcy cases. Find the best bankruptcy lawyer with a good track record in handling similar cases. Specialization in bankruptcy law is also necessary, as it gives a deeper understanding of the intricacies and complexities of bankruptcy laws and regulations. Experienced professionals go through different scenarios; with their experience, they know how to manage and win cases. So, always go for reputable and experienced bankruptcy lawyers or firms.

    Evaluate Communication Style

    Choosing the right bankruptcy lawyers for your case also includes evaluating communication. Effective, honest, open communication is critical to a successful attorney-client relationship. It is suggested that you assess in detail how accessible and responsive the bankruptcy attorneys are. Pay attention and observe if they are willing to explain complex legal matters and concepts in a way you can understand. 

    Honest, clear, and open communication is essential throughout the bankruptcy process case. So, focus and prioritize the communication style of the bankruptcy lawyer. This will make the entire process easy and effective for you.

    Discuss Fees & Costs

    When going through any legal matter and hiring the right bankruptcy lawyer, you should always prioritize your budget. Discussing the fee, charges, and cost is significant, and you should openly communicate it with your attorney. It’s essential to have a transparent and honest discussion about their fee structure and any additional costs of the bankruptcy procedures. Compare the fees of different bankruptcy attorneys and choose one that matches your budget. Always be conscious and protective when discussing the fee structure to avoid conflicts.

    Proper Asset assessment

    Check the Credentials of The Bankruptcy Attorney 

    It is also good to check the credentials of the bankruptcy attorney you are hiring. Ensure they are licensed to practice law in your area and are in good standing with the bar association. You can also check and verify for any complaints against them or disciplinary actions. Checking and verifying credentials gives you more satisfaction and keeps you safe from future conflicts between you and your chosen attorney.

    Always Trust Your Instincts

    When choosing a competent bankruptcy attorney, it is better to trust your instincts. Go with an attorney with the right skills and experience who makes you feel safe, comfortable, and confident in their expertise and abilities to handle your case best. When you are satisfied, and trust develops between you and your attorney, the case becomes easy, as there will be open and honest communication. So, always choose the attorney who satisfies you and wins your trust.

    Bankruptcy Help: Consumer & Local Attorneys

    When you’re going through the challenging step of filing personal bankruptcy, it’s suggested to enlist the assistance of consumer bankruptcy attorneys. These legal experts, especially local bankruptcy attorneys, have invaluable expertise in managing the complexities and challenges of bankruptcy law. 

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    The Pope Firm: Johnson City, TN Bankruptcy Law Experts

    We are The Pope Firm, the best bankruptcy law firm in Johnson City, Tennessee. If you are going through bankruptcy and looking for bankruptcy law attorneys in your area, we are here for you. We are a professional, experienced, and well-versed bankruptcy law firm specializing in various bankruptcy cases. 

    With years of experience managing and winning bankruptcy cases, we guarantee we will handle your case carefully. We believe in a client-centric approach, where our main priority is always our valued clients. Our professional and highly skilled attorneys will meet with you to discuss your case in detail. Call us today for Johnson City, Tennessee’s best bankruptcy law services.

    If you need assistance with personal or business bankruptcy and filing in Tennessee, reach out to The Pope Firm and Charles Pope, Attorney At Law.

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    DISCUSS YOUR SITUATION WITH ONE OF OUR PROFESSIONALS TODAY

    Frequently Asked Questions

    Bankruptcy occurs when an individual, business, or other entity declares the inability to repay its debts. If you file for bankruptcy, that means that debt collectors must pause attempting to collect debts from you. Bankruptcy often allows you to erase most, if not all, of your debts.

    There are two types of debts, unsecured and secured. Some examples of unsecured debts are credit card bills, medical bills, or taxes. Secured debts can include car loans or mortgages, which use the purchased item as collateral. In many cases, filing for bankruptcy can keep this collateral protected and prevent foreclosure of your home or repossession of other assets.

    Bankruptcy is governed by federal legislation under the Bankruptcy Code, which falls under the greater United States Code. Both federal law and local law inform the bankruptcy procedure. Federal bankruptcy judges, appointed by the United States court of appeals, preside over court proceedings in these cases. In court, the judge and a court trustee, review your finances to determine whether or not to discharge the debts at hand.

    Each state has one or more bankruptcy courts. Tennessee has six bankruptcy courts throughout the state.

    Filing for bankruptcy can be a daunting process, and working with a firm with expertise in the field can provide you with necessary guidance.

    There are several types of bankruptcy. Most individuals, married couples, and small businesses choose to file under Chapter 7 or Chapter 13.

    What are the Differences Between Chapter 7 and Chapter 13?

    The primary difference between these two types is that Chapter 7 bankruptcy allows an entity to fully discharge its debts in a short period. A Chapter 13 bankruptcy involves reorganizing debts and creating a plan to repay those debts over an allotted time. After that time, Chapter 13 eliminates most of the remaining debts.

    Chapter 7 bankruptcy is typically filed by those with very limited income and unsecured debts, the most common of which is medical bills. Chapter 13 bankruptcy is most often filed by higher income bracket individuals and those with more assets, such as a car or a home. The motivation for filing Chapter 13 bankruptcy is often preventing assets from being repossessed or home foreclosure due to outstanding debts.

    What Other Types of Bankruptcy Are There?

    Two other types of bankruptcy are Chapter 11 and Chapter 12.

    Chapter 11 primarily applies to larger companies and corporations, but sometimes it is the right choice for small businesses as well. Chapter 12 applies to those who are considered family farmers.

    Various considerations get factored into who should file bankruptcy. Filing bankruptcy may be the right choice for you if you are overwhelmed by debt. Regardless of what type of bankruptcy you file, as soon as the process begins, you are granted an automatic stay. A stay is an injunction that prevents creditors from collecting any debts for an allotted time. An automatic stay halts the process of, for example, foreclosing on a home or repossessing a vehicle.

    A Chapter 7 bankruptcy will discharge most of your debts. Filing Chapter 7 is appropriate for those who make less than the median household income in Tennessee and whose assets would not be at risk. In this situation, your non-exempt property is sold to pay off creditors.

    Chapter 13 bankruptcy allows you to create a plan to repay your debts. If you have non-exempt property used as collateral in secured loans, you can restructure your finances to pay off any relevant debts over the next three to five years. Chapter 11 functions in a similar way, but is exclusively for businesses.

    Filing for bankruptcy can provide a fresh start for those bogged down with debt, either by restructuring finances or discharging debts entirely.

    How bankruptcy affects business depends upon the type of bankruptcy filed.

    Chapter 11

    Businesses classified as corporations, partnerships, or LLCs can file Chapter 11 bankruptcy. Chapter 11 allows for debt restructuring, while the business stays open. As in Chapter 7 and Chapter 13, an automatic stay activates as soon as your bankruptcy period begins. In an automatic stay, creditors cannot try to collect money or other assets from you.

    During this period, you work with your lawyer to restructure your debts and develop a plan to get your business back on track. This plan must be approved by some of your creditors and a bankruptcy court to go forward. You will be able to repay your debts over several years.

    Chapter 7

    Filing Chapter 7 bankruptcy discharges all of your business’s debts by liquidating your assets. The entire process can be completed quickly, often in several months. Chapter 7 allows for the discharge of most debts, excluding government taxes and fines.

    Chapter 13

    Only individuals can file for Chapter 13 bankruptcy. Thus, although businesses cannot file, you can file Chapter 13 as the sole proprietor of your business.

    When you decide to begin the bankruptcy process, the first step is to find a lawyer who is an expert in filing bankruptcy in Tennessee. Hiring a bankruptcy lawyer can indeed be expensive, but it is worth the cost. This professional can guide you through what type of bankruptcy is best for your situation and what to expect throughout the process.

    • Collect your documents: It is important to have everything from your paystubs to your credit report available before starting.
    • Take the means test. This test will determine if you are eligible for Chapter 7 bankruptcy and help guide you in making a repayment plan for Chapter 13 bankruptcy.
    • Meet with a credit counselor. In the state of Tennessee, most individuals must meet with a credit counselor from an approved provider before filing for bankruptcy.
    • Fill out bankruptcy forms. If working with a lawyer, you can expect they will use online programs to help you file your paperwork.
    • Pay your filing fee. It costs $335 to file for bankruptcy in Tennessee. Waiver of the fee is possible in some cases, but it is uncommon. However, it is possible to pay the fee in several installments instead of the entire balance upfront.

    Declaring bankruptcy wipes out many debts, but not all.

    What Debts are Usually Covered by Bankruptcy?

    Bankruptcy can clear most unsecured debts, including:

    • Credit card bills
    • Medical bills
    • Overdue utility payments

    Bankruptcy can also clear many secured debts, but it depends on whether you file for Chapter 7 or Chapter 13 bankruptcy. For Chapter 7, you will have to give up any non-exempt items you put up for collateral. For Chapter 13, they will become part of your repayment plan.

    What Debts Are Not Covered by Bankruptcy?

    • Child support
    • Alimony obligations
    • Those related to personal injury or death in a drunk driving case
    • Any debts not listed on your bankruptcy papers

    No type of bankruptcy covers these debts. If you file for Chapter 7, they remain outstanding. Under Chapter 13, you pay these debts along with your other debts.

    What Debts May Be Covered?

    Bankruptcy rarely covers student loan debt. However, it may be in some cases with proof of undue hardship.

    Tax debt is also rarely covered, but bankruptcy may cover certain old unpaid taxes.