DO YOU HAVE A FULL-TIME BANKRUPTCY ATTORNEY?

IS YOUR BANKRUPTCY ATTORNEY REALLY A FULL-TIME BANKRUPTCY ATTORNEY?

            Is your bankruptcy attorney really a specialist in bankruptcy? Or is that attorney just filing a couple of cases to make some extra income, while really putting most effort into another area of law? Our office sees part-time bankruptcy attorneys on a regular basis while attending court. During the bankruptcy filing boom years of 2009-2012, lots of part-time bankruptcy attorneys jumped into filing Chapter 7 or Chapter 13 cases. Some would even try a Chapter 11 if the retainer were large enough. Since that time, 2013 filings were down 8% from 2012 levels and down 35% from the 2010 peak of over 11,000 cases.

So what is the part-time bankruptcy attorney doing now that there are not as many filings? Have they have gone back to foreclosure defense, divorce and other types of law in order to make income? If so,this could mean that the attorney is not staying up to date on the latest case law related to bankruptcy or any changes in the Trustees’ offices that might affect a Chapter 7 or Chapter 13 filing. When this occurs, exemptions are missed, bankruptcy schedules are not filled out properly and issues arise with the bankruptcy trustee. Ultimately, it is the client who is affected by all of the above.

Would you go to a lawnmower shop to have your car repaired? They are both mechanics, but with very different specialties. Before you hire any bankruptcy attorney, check the website of that attorney and ask them questions about what area of law they specialize in practicing. Do they exclusively practice bankruptcy? Are they involved in State Court cases such as divorce, foreclosure defense or litigation that will require large amounts of time at a separate courthouse? All of these issues could potentially impact your bankruptcy filing in a negative way.

At Mickler & Mickler, we attend Court on a regular basis. We have the experience and knowledge to ensure that you receive the correct advice when confronted with difficult financial decisions related to filing bankruptcy. Contact us at 904.725.0822 or bkmickler@planlaw.com.

 

Bryan K. Mickler