Hiring a qualified and experienced bankruptcy is key to filing a successful bankruptcy, says bankruptcy attorney Benjamin Ginter, who runs the Law Offices of Benjamin J. Ginter in Cranford, New Jersey. Here, he discusses why hiring the right person for the job is so important.
A bankruptcy attorney is an attorney who works with clients that are having financial difficulty and are looking to have their debt wiped out in bankruptcy. Bankruptcy attorneys help their clients get a fresh start, helps them feel they can live a productive life without the worry of being sued, and helps the debtors get a clean state.
Bankruptcy attorneys counsel the client, educating him through all the steps of the bankruptcy process. They are trained to tell their clients how bankruptcy will affect them, and explain what they can expect and how they can rebuild both their lives and their credit afterwards.
Protecting the Client
Most importantly, they protect the client. Most debtors when they file for bankruptcy only attend one meeting, known as the 341 Creditors’ meeting. Most attorneys will attend that meeting with their client, being there as the person who is there to protect them by representing their best interests.
The debtor must attend the creditors’ meeting scheduled for their bankruptcy petition. The trustee conducts the meeting. The debtor must answer questions concerning:
- How the situation evolved
- Any actions taken with the property
- Debts listed in the petition or any other financial information requested by the trustee
Failure to respond or not respond truthfully can result in the petition being dismissed or, in extreme cases, a charge of perjury. Creditors have been notified that they may attend and question the debtor about the assets of the debtor or any other matter relevant to the bankruptcy. A creditor doesn’t waive any rights by not attending the creditors meeting.
No Need to Be Ashamed
A good bankruptcy attorney will be there to educate the client, answer the client’s questions, and treat him with respect and dignity. Most clients come in very nervous, ashamed of what they are going to be doing, and they feel like they have failed.
A bankruptcy attorney is there to listen to them, to counsel them assure them that they are not doing anything illegal or wrong. He or she will help them to get back on their feet, to go over the steps needed to be taken to discharge the debt, and educate them as far as the whole process is concerned, explaining how it works and what to expect.
