When an attorney is disinterested or unskilled in Chapter 13 matters, they’re not in a position, or not sufficiently competent, to accurately include Chapter 13 in their analysis of your financial situation. Therefore, they’re unable to provide an all-encompassing, accurate or complete analysis of what’s best when reviewing your financial affairs. Avoid attorneys’ who are out-of-touch with Chapter 13 and would prefer to avoid them. It’s possible you could end-up in a Chapter 7 when a Chapter 13 would have actually been much more advantageous. You may be denied the use of Chapter 7 and turn to a Chapter 13 as the likely alternative.
In skilled hands, it’s not unusual for a Chapter 13 debtor to pay less per month and/or less in total compared to the end result of a Chapter 7 Liquidation Bankruptcy. Only an attorney skilled in Chapter 13 will know which is most advantageous and will be able to follow through with a filing that takes advantage of the special provisions in Chapter 13 of the Bankruptcy Code. Chapter 13’s are much more complex and time consuming than Chapter 7, and many attorneys would rather avoid them or are unfamiliar with how to best utilize Chapter 13. Since Chapter 7 may NOT be an option and Chapter 13 may be a better option, you’ll want to retain an attorney receptive to and skilled in Chapter 13 matters. Learn more about bankruptcy at https://erinjgz.wordpress.com/2015/10/11/learning-about-bankruptcy-in-2015/ and http://infospeak.org/?p=95 .
Retain an attorney who takes pride in their craft, they’ll have the character and the initiative to step-up to the plate and represent their client to the fullest extent possible. Not everyone is allowed the benefit of a Chapter 7 discharge and it may not even be in that person’s best interest or be their best alternative. The Chapter 7 ‘Means Test’ determines eligibility and it may unnecessarily or unreasonably deny you a Chapter 7 discharge based on certain ‘presumptions’. If it’s necessary to creatively and aggressively challenge those ‘presumptions’, or when a Chapter 13 would be more advantageous, you want an attorney who can and will ‘step up to the plate’ and competently do what’s needed. Learn more at http://bnkut.com.
When dealing with administrative and legal matters, having quality counsel who enjoys a good reputation helps allow the case to proceed more effortlessly through the process than cases filed by others less competent or reputable. Nothing is worse than being represented by someone incompetent who has a poor reputation.
Many of these ‘mass-marketing’ attorneys do most everything by phone, fax and e-mail. They’ll likely hire a local attorney to make their §341 Meeting of Creditors appearance. However, it’s rare that you’ll meet any attorney prior to your §341 Meeting date because the local attorneys retained by a ‘mass-marketing’ attorney generally have no knowledge of your case until a day or two before your §341 Meeting date. Retaining legal ‘representation’ from ‘mass-marketing’ attorneys’ often lacks the in-depth, hands-on analysis and local expertise you’d receive had you instead mindfully selected and qualified reputable representation from a well-seasoned and highly skilled attorney familiar with the local participants and practices in your area.