consumer bankruptcy

5 ‘must-haves’ to finding a bankruptcy lawyer

Key takeaways

  • When seeking a lawyer to guide you through the bankruptcy process, it is crucial to choose a specialist in bankruptcy law.

  • Opt for a bankruptcy attorney with local expertise, well-versed in both bankruptcy laws and the specific procedures of the local court where your case will be filed.

  • Choose a bankruptcy attorney who provides personalized service, listens to your specific case details and makes you feel comfortable.

  • Avoid ‘bankruptcy mills’ and non-attorney petition preparers and prioritize a lawyer who understands your situation.

If you are considering filing for bankruptcy, your best bet for a successful outcome is to choose a good bankruptcy lawyer. Although it is possible to file for bankruptcy on your own without hiring an attorney, it is not advisable to do so. Obtaining the help of a specialist who is experienced and can offer expertise in both federal and local law is essential, as they will be able to provide you with personalized service for your case and provide the comfort and familiarity needed to get through this challenging process.

1. Look for a specialist

Lawyers practice in multiple areas and your best bet would be to go with someone who specializes in bankruptcy

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December 1, 2023 by ATTORNEY

Discharging Student Loans in Bankruptcy Show Mixed Results

Alista Lineburg is not a lawyer, but she assumed the role when she couldn’t find one to help her discharge $146,000 of federal student debt in bankruptcy. The process requires a separate lawsuit against the government, something that many lawyers refuse to take on given the time, expense and difficulty of winning.

Ms. Lineburg, 49, knows this all too well. Even when the bankruptcy court tried to assign her counsel, there were no takers. “The attorney called and she said, ‘You can’t win this,’” Ms. Lineburg recalled.

So she pressed on, alone.

And, despite the odds, she won her case.

“I feel like I can finally get ahead,” said Ms. Lineburg, who lives in Fairport Harbor, Ohio. She was laid off from her information technology job in June, just two months after clearing her decades-old debt, from an undergraduate degree and a master’s in business administration.

Unlike credit card, medical and other consumer debts, student loans don’t automatically disappear in bankruptcy. Debtors need to take an extra legal step — both challenging and costly — known as an adversary proceeding.

But more people in bankruptcy are beginning to use a legal process introduced in November by the Biden administration that

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August 22, 2023 by ATTORNEY
May 2024
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