Castle Law Office Blog | Missouri & Illinois Bankruptcy Legal Blog

What Exactly Does An Attorney Do For My Bankruptcy Case?

I get questions all the time about what exactly we do in a case when representing someone in bankruptcy.  Many of these things are done behind the scenes and the client doesn't even know we are getting these things done.
For those of you that don't know, here is a more or less complete list of the tasks we may be called to do in your case.  Remember that each case is different, and that not all of these tasks will be required in every case. 

§  Interview the client

§  Educate you about bankruptcy law

§  Gather documentary evidence including credit reports, tax returns and check stubs

§  Assist in obtaining proper credit counseling as required by law.

§  Collect other documents, such as judgments, divorce decrees or garnishments

§  Analyze the legal issues, such as exemptions and dischargeability

§  Analyze your car and homeowners insurance policy to ascertain if it will provide adequate protection to your creditors.

§  Analyze the validity of any liens in your case.  Some creditors may assert liens in an attempt to be paid more than they are entitled to in your case.

§  Prepare all schedules of assets, debts, income and expenses to be filed with the Court.

§  Prepare all plans and other miscellaneous forms that must be filed with your case.

§  File all appropriate documents with the Court.

§  Notify creditors threatening legal action of commencement of case to stop any further proceedings such as foreclosure, repossession and garnishments.

§  Serve your proposed plan on all creditors.

§  Review your file and appear at the meeting of the creditors with you

§  Analyze and, if necessary, amend your case to resolve any objections by creditors or the trustee.

§  Prepare and appear at the confirmation hearing to obtain Court approval of your case.

§  Analyze and prepare to defend any motions or other actions filed by creditors.

§  Analyze and prepare any objections to claims filed by creditors in your case.

§  Analyze and prepare any motion to avoid liens that you are legally entitled to avoid.

§  Monitor case progress for problems and advise you of steps to take to avoid them and receive discharge.

§  Analyze and prepare any motions requested by you such as incurring debt and keeping tax refunds.

§  Review case closing documents and confirm discharge is completed