What does a chapter 13 bankruptcy attorney actually do…besides playing golf and watching re-runs of L.A. Law?
My answer at parties and in elevators is usually so vague that it provides little satisfaction…something like…”you know, represent people who have debt problems.”
In an attempt to be more specific and maybe make a few people happier,
here is a more detailed answer, a list of a Bankruptcy Attorney duties in a chapter 13 case.
- Examine/analyze the debtor’s financial situation closely including bank statements, credit reports, paystubs, budget items, tax returns, asset titles/deeds, financial dealings in the past, irs records,future income etc. in order to try and determine whether a bankruptcy case is feasible, which chapter should be filed and whether it should be filed jointly or separately.
Is that better? I’ll continue then.
- Assist the debtor in obtaining the required pre-bankruptcy briefing on budget and credit counseling.
- Assist the debtor in the preparation of a detailed budget.
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Again, examine all of the liens or security interests of all secured creditors including taxing agencies to determine whether they are valid and then to help the debtor take necessary steps to ensure they are if needed.
- Devising and implementing methods of dealing with secured creditors.
- Assist the debtor in devising a chapter 13 plan that meets the needs of the debtor and is acceptable to the court.
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Prepare the necessary pleadings and chapter 13 forms.
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File the chapter 13 forms and pleadings with the court.
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Attend the meeting of creditors, the confirmation hearing, and any other court hearings required in the case.
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Assist the debtor in obtaining court approval of a chapter 13 plan.
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Check the creditor claims filed in the case, file objections to improper claims if necessary, and attending court hearings if necessary.
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Assist the debtor in overcoming any legal obstacles that may arise during the course of the case.
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Assist the debtor in completing the required instructional course post filing on personal financial management.
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Assist the debtor in obtaining a discharge upon the completion or termination of the plan.
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thanks for this news! do you might if i share this?