Bankruptcy & Foreclosure
Interviewer: I know I’m having trouble (or soon will be having trouble) making my mortgage payments. How can I know if bankruptcy is the best way to address this mortgage problem?
John’s Answer: Bankruptcy is one powerful way to deal with mortgage problems, whether it be in Chapter 7 or Chapter 13. However, our office frequently discusses alternatives to bankruptcy with our clients having mortgage problems. Read more…
Fees & Costs
Interviewer: How can a client be certain that a fair price is being paid for the bankruptcy case?
John’s Answer: A client cannot be overcharged in a bankruptcy case. Bankruptcy is one of the few areas in law where fees charged by the attorney are closely monitored in each and every case by the United States Trustee’s office. If the fee charged is too high, the U.S. Trustee’s office is required to see to it that a portion is returned to the client, even if that means that it needs to file a motion before the Bankruptcy Court requesting that the fee be given back to the client. The attorneys know what these pre-approved fee amounts are and are careful to stay within these reasonable limits. Read more…
Vehicles
Interviewer: I know you’ve provided advice to thousands of bankruptcy clients in your 20+ year career. Can you tell us what is one of the greatest concerns that your clients have when they walk through your door to consult with you about bankruptcy?
John’s Answer: The effect of bankruptcy on their vehicle is among their greatest concerns because their vehicle is often essential to keep their job. Fortunately, almost all clients get to keep their vehicle, and some clients will even obtain a great financial advantage relating to their vehicle by filing for bankruptcy. Read more…
Exemptions
Interviewer: When I hear or read about bankruptcy, I often come across the term “exemption.” Can you tell me the purpose of exemptions in bankruptcy and why they should be important to me if I am filing for bankruptcy?
John’s Answer: First of all, let me say that in most bankruptcy cases whether Chapter 7 or Chapter 13, my clients tend to keep all their assets. Determination needs to be made at the time of the filing of the petition as to which exemptions to claim, whether federal or state and those exemptions are then identified on Schedule C to the bankruptcy petition. Read more…
Selecting an Attorney
Interviewer: Interviewer: What is the best way for a client to select an attorney?
John’s Answer: A lawyer should be chosen for technical knowledge, experience, and, very significantly, the lawyer should be one who makes his clients feel comfortable. A comfortable client will more easily inform the attorney of all the facts necessary for the attorney to give good advice. It is a very close working relationship between the client and the attorney in preparing a petition for bankruptcy. Many facts that are important to making a determination about when or whether to file bankruptcy are obtained from the client-attorney communication. Read more…
The Process
Interviewer: Can you tell me about the time from the initial client call to schedule a meeting through to the time of the initial consultation with you?
John’s Answer: When anyone calls our office to schedule an appointment, we always try very hard to be sensitive to their level of urgency and to accommodate their schedule. Some people need to meet us after work hours, others need to meet us right away due to a pending foreclosure sale, IRS garnishment, or other collection activity, while others have a more flexible schedule.
When the client comes in to consult with me, I make a special effort at the start of the meeting to help the client feel very comfortable. Read more…