Before consulting with a bankruptcy attorney, it will be helpful to know that there are four main types of bankruptcy: Chapters 7, 11, 12, and 13. Only two, Chapters 7 and 13, are personal bankruptcy options. The remaining two forms of bankruptcy, chapters 11 and 12 and for corporations and agricultural purposes respectively.
The first step you’ll want to take when choosing a bankruptcy attorney in the Kansas City area is to find out their attorney’s practice areas. Some attorneys practice specifically in matters related to bankruptcy. Other attorneys have a more general practice where they may cover several practice areas, bankruptcy being one of many.
Other attorneys may have a general practice but want to try filing for bankruptcy due to recent developments in the economy. If this is the case and the attorney is a freelancer, you’ll want to be sure to ask if the attorney has a referral source through which he can get help with things he may not know. The practice of bankruptcy law is extremely complex, and sometimes the slightest mistake can be the difference between whether the debtor receives a discharge or a case dismissed.
The next thing a potential debtor will want to know is what type of bankruptcy law the attorney practices. Again, there are some attorneys who focus specifically on chapter 7 bankruptcy work. Those attorneys may choose to focus on chapter 7 work because it is less complicated than chapter 13 work. they will have substantial assets and are less procedurally tenuous than those in chapter 13. This does not mean that there are Kansas City bankruptcy attorneys, who concentrate on Chapter 7 bankruptcy law, who take chapter 13 cases.
Another valuable piece of information that a potential bankruptcy debtor will want to discover is whether the attorney will appear with the debtor at the creditors’ meeting. Once the paperwork is completed and the documents have been filed with the Bankruptcy Court, the Bankruptcy Court for the Western District of Missouri will schedule what is called a 341 meeting.
This meeting is also known as “The First Meeting of Creditors.” It will be the first opportunity for the debtor to meet with the bankruptcy trustee and confront creditors who want to prevent bankruptcy from occurring. The lawyer cannot be aware of anyone who wants to challenge the debtor’s release before the creditors’ meeting.
If the debtor’s attorney is unable to appear at the meeting of creditors, it will be necessary to select a replacement attorney. The fact that the debtor does not have an attorney is generally not a good idea because the trustee may want certain documents sent to the trustee’s office within a short period of time or the trustee may have more specific questions that the debtor does not. can you reply.
If this were to happen, the debtor would need an attorney there who has a copy of the bankruptcy petition. Generally, when a debtor attempts to hold a meeting of creditors without an attorney present, the debtor will not have all the information to adequately satisfy the trustee’s inquiries.
The next thing a potential debtor will want to know when potentially choosing a Kansas City bankruptcy attorney is what is included in the attorney’s fees. This can vary from attorney to attorney. Generally, the attorney’s fee will be a flat fee that will include the filing fee for the bankruptcy petition. Currently, this fee is $300. However, the attorney’s list of duties may vary. Some attorneys will cover everything from start to finish with the fees that are paid.
Other attorneys may charge an additional fee if the petition needs to be modified or if the trustee requires meetings outside of the meeting of creditors. Generally these fees will be covered in the legal representation contract. If they are not, the potential debtor will want to discuss these issues with the prospective Kansas City bankruptcy attorney.
Here are some things a potential debtor will want to research when choosing a Kansas City bankruptcy attorney. The choice of a lawyer is important and should not be based solely on advertising.
