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What does the bankruptcy lawyer do after you file for bankruptcy?
Answer:
It depends on what Chapter you file under and how complicated your case is.
Your lawyer will definitely go to the meeting of creditors with you, where you sit before the trustee for an interview that, for most people, is a formality.
If you have more assets than you are allowed to keep, the lawyer will negotiate terms with the Trustee. This can take the form of surrender of assets or payment of cash in lieu of giving up assets (Chapter 7) or submission and amendment of your payment Plan (Chapter 13/11).
If you have been accused of bankruptcy fraud or abuse, whether intentional or not, you will need an attorney to defend you through the process. This might cost extra.
With all this in mind, your lawyer's primary job is to set you up before you file so that none of this bad stuff happens. And if it has to, your lawyer's job is to prepare you so that there are no surprises. The most important part of your lawyer's job is what happens before you file.
This is not intended as legal advice. It is a general answer. Consult an attorney as to your specific situation.
Henry Paloci
Member, CA Bar and FL Bar
http://www.cleanstartbankruptcy.com
Your lawyer will definitely go to the meeting of creditors with you, where you sit before the trustee for an interview that, for most people, is a formality.
If you have more assets than you are allowed to keep, the lawyer will negotiate terms with the Trustee. This can take the form of surrender of assets or payment of cash in lieu of giving up assets (Chapter 7) or submission and amendment of your payment Plan (Chapter 13/11).
If you have been accused of bankruptcy fraud or abuse, whether intentional or not, you will need an attorney to defend you through the process. This might cost extra.
With all this in mind, your lawyer's primary job is to set you up before you file so that none of this bad stuff happens. And if it has to, your lawyer's job is to prepare you so that there are no surprises. The most important part of your lawyer's job is what happens before you file.
This is not intended as legal advice. It is a general answer. Consult an attorney as to your specific situation.
Henry Paloci
Member, CA Bar and FL Bar
http://www.cleanstartbankruptcy.com
First answer by ID2906123624.
Last edit by HenryPaloci.
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