Before speaking with a bankruptcy lawyer, it’s important to understand that there are four different forms of bankruptcy: Chapters 7, 11, 12, and 13. Personal bankruptcy is limited to just two chapters: 7 and 13. Chapters 11 and 12 are the last two types of bankruptcy, and they are for businesses and agricultural purposes, respectively. see more has some nice tips on this.
When looking for a bankruptcy attorney in the Kansas City area, the first thing you can do is learn about their practise areas. Attorneys that specialise in bankruptcy law are available. Other lawyers have a more general practise, which may include bankruptcy as one of the fields of practise.
Some lawyers may have a general practise, but because of recent economic conditions, they want to pursue bankruptcy. If this is the case, and the attorney is a sole practitioner, you can inquire if the attorney has a reference point from which he or she can obtain assistance with the items he or she might not be familiar with.
The practise of bankruptcy law is incredibly complicated, and even the tiniest error can mean the difference between a discharge and a case being dismissed.
The form of bankruptcy law that the attorney follows is the next question that a prospective debtor will ask. Again, there are several lawyers who specialise in chapter 7 bankruptcy cases. Since chapter 7 work is less complicated than chapter 13 work, some attorneys will want to focus on it. In general, chapter 7 debtors do not have significant assets and are less procedurally risky than chapter 13 debtors. This does not rule out the possibility of Kansas City bankruptcy lawyers who specialise in Chapter 7 bankruptcy law accepting Chapter 13 cases.
Another important piece of information that a prospective bankruptcy debtor should learn is whether the solicitor can accompany the debtor to the creditors’ meeting. The Bankruptcy Court for the Western District of Missouri will schedule a 341 hearing after the paper work has been finished and the papers have been filed with the Bankruptcy Court.
“The First Conference of Creditors” is another name for this meeting. It will be the debtor’s first chance to meet with the bankruptcy trustee and challenge any creditors who might be trying to stop the bankruptcy from taking place. Anyone wishing to appeal the debtor’s discharge before the creditors’ conference may not be aware of the solicitor.
If the debtor’s counsel is unable to attend the creditors’ conference, a replacement attorney must be chosen. Since the trustee might want some documents delivered to the trustee’s office within a short period of time, or the trustee may have more detailed questions that the debtor might not be able to answer, the debtor not getting an attorney is usually not a good idea.
If this occurs, the debtor may need the services of an attorney who has a copy of the bankruptcy petition. When a debtor holds a meeting of creditors without the presence of an attorney, the debtor usually lacks the necessary details to properly respond to the trustee’s questions.