Why Hire a Bankruptcy Attorney

Filing bankruptcy can be one of the most difficult choices a person makes. Often you have been struggling to meet your financial obligations. Something happens and the house of cards comes tumbling down, leaving you faced with a proposition that seems like failure. It is difficult and frustrating. You go to see an attorney and realize that even though you have no money to pay your bills, the attorney wants over a thousand dollars or more to represent you.

You discover there may be an alternative. You could pay someone much less to prepare your petition for you. You think Why not? Your case isn’t complicated, at least you don’t think it is. You pay a few hundred dollars and file your case. You may be okay. More likely, after things go very wrong you will realize that you should have hired an attorney.

Bankruptcy is more complicated than it appears on the surface. People who have seen or attended a bankruptcy hearing testify that the meetings are often over quickly. What is not apparent from the meeting is that most of the complicated work is done before the meeting takes place. The hearing should go smoothly if everything was done right ahead of time.

Having sat through countless hearings while representing debtors in the bankruptcy cases, I can assure you that bankruptcy is often more complicated than it looks, especially since the changes that took place in the bankruptcy laws in 2005.

Bankruptcy is more than what bills you owe. People often do not realize that all of their belongings are assets that may or may not be exempt. Other intangible things such as claims, insurance policies, and retirement accounts could also be assets. You may fail to disclose an item that could have been protected, only to lose it because of the lack of disclosure. The actions taken in the years and months leading up to bankruptcy can have consequences, and can cause unintended ramifications for friends and family members.

Every consumer bankruptcy case is assigned to a trustee. That person is responsible for ensuring the interests of your creditors are protected. When you hire a bankruptcy attorney, this person is there to represent you. Your attorney can help you to determine which debts you can discharge or pay off. Your attorney will help you protect assets that are not exempt, and will help you to do so legally.  Your attorney will make sure you list every asset and that every asset that can be is protected. Your attorney will help you ensure that bankruptcy is what it is intended to be:  a fresh start.

When you pay an attorney, you are paying that person to ensure you file everything you are supposed to file, turn over all the paperwork you are required to turn over, help you maximize your assets and minimize your losses, and to represent you against your creditors. In short, you are paying for the best fresh start you can muster.

What can a petition preparer do? Legally, all a petition preparer can do is fill in the blanks on your bankruptcy documents. If you choose to pay someone hundreds of dollars for this service you are, in effect, paying hundreds of dollars for data entry service.

If a petition preparer does more than enter information into your petition, that person is breaking the law. Both federal bankruptcy laws and state rules governing the practice of law forbid anyone except a licensed attorney from giving you advice.

Why? To protect you, the consumer. If an attorney messes up your case, there are protections in place to help you. Attorneys in Oregon,Washington, and many other states are required to carry malpractice insurance. They can also be sanctioned by their bars for failure to adhere to a basic code of conduct. There are no systems in place to help you if a document preparer messes up your petition or gives you erroneous advice. You may be able to file a complaint claiming they practiced law without a license, and while the person may face fines or sanctions, you will not get anything to cover your losses.

Hiring an attorney to represent you during your bankruptcy can be expensive. After suffering through financial difficulties and falling behind on your financial obligations, handing over a large sum of money to an attorney can seem like a real hardship. But bankruptcy is not an area to shortchange yourself.  Filing bankruptcy is your opportunity to make a fresh start. Make it the best start it can be by hiring a good attorney to represent, protect, and advise you. Think of it as your first investment in a new financial future.

I am a bankruptcy attorney. I help consumers file for chapter 7 and chapter 13 bankruptcy in Oregon and SW Washington.

BedandBreakfast.com is a Big Lie Site

I used BedandBreakfast.com, also Inns.com, to locate a B & B in Barcelona.  The reviews for the B & B I ultimately chose were fantastic, not one bad one in the bunch.  They raved about the owner, the cooking, the facilities, all of it.  I sought reviews on other sites, but there weren’t many available for the place I wanted to stay.  After searching for a month and gathering quotes, I made my choice, primarily based on the information on BedandBreakfast.com, as well as the email conversations I had with the owner.

Unfortunately, our experience did not line up with our expectations, so much so that when we returned home, I wrote a diplomatic, but negative review.  The owner wasn’t there. The woman who replaced her was nasty.  The only breakfast was a couple of slices of bread with jam.  The location was a good one for Barcelona, but was situated next door to a fire station, not exactly relaxing for a vacation.  And the rooms had no air conditioning or fans, which was next to impossible to tolerate during August.

After I wrote the review, I received a message back from BedandBreakfast.com asking for proof I stayed at the B & B.  I sent the confirmation email from the owner.  Not good enough.  I sent the Paypal receipt for the deposit.  Not good enough.  I even sent a photo of us in the room. Not good enough.  We had paid in cash, and since the owner was not there and her replacement could not understand my request for a receipt, I had no further proof.  They would not post the review.  I have sent the owner 6 requests for a receipt, but except for one response in which she claimed to be out of town and that she would send one upon her return, I have had no response.  BedandBreakfast.com claimed I could have been a competitor trying to bring down that B & B.  Right.  I fabricated emails with the owner, I sent $45 through Paypal to some fabricated account.  I made up the whole thing, just to give a bad review? It’s ridiculous.

Don’t trust BedandBreakfast.com. I looked through their listings, and could not find any negative reviews. They filter them out. Don’t use their site to make your travel decision because you won’t be getting an accurate picture.  Their site lies.