Bankruptcy Lawyers to Avoid

by Melinda Dionne, Esq. on June 26, 2012

Bankruptcy Mills—Welcome to Cattle Call

Bankruptcy Mills are firms that file a huge number of bankruptcy cases by using staff to do most of the work.  Attorneys spend very little, if any, time with the clients.  Going to a Mill’s office is like cattle call.  Don’t kid yourself—you are the cow.  You are there to make them money.  Your case is just as plain and ordinary as the next “cow” in the waiting room.  Your facts will be made to fit their system.  Oh, and guess what, if you are filing a Chapter 13 case, you are going to pay the exact same fee to the Mill that you would pay to a full service bankruptcy firm.  What a bargain!  Cut rate service for full price.  Where do I sign up?

How Mills Lead You to Slaughter

Okay, I admit most people have no idea how to find a good bankruptcy lawyer.  Some people end up in a Mill’s office because Mills tend to heavily advertise.  You see Mills with billboard ads, on back covers of phone books, and in newspapers.  Mills blanket the market to get their names out there.  Once these Mills have you in the office they count on two things.  First, they count on you not knowing any better.  After all, most people don’t know what to expect when they go to meet with a bankruptcy lawyer.  Second, they count on you being too embarrassed or scared to walk away.  Most people have trouble talking about their financial problems. Mills prey on your insecurities to fill their pockets.

Why it Matters

Every bankruptcy case is unique.  Every single case requires an attorney to look at the facts.  Every case has the potential for problems that can cost you.  You are the client.  You are unique.  You are paying the fee.  You deserve more than 5 minutes of an attorney’s time.  You deserve to be able to ask questions.  You deserve to have your attorney answer them.  It matters, because you matter.

What the Attorney Should Do

The first step in protecting yourself is to be informed.  The attorney is the person who should be meeting with you and gathering your facts.  The attorney should be asking you questions about what you own, who you owe, what you want to keep and what you want to give up.  The attorney should be asking about possible judgments and liens that might be avoidable.  AFTER the attorney meets with you, the ATTORNEY should tell you your options.  The attorney should be the person giving you advice on how to get out of debt.

What You Should Do

If you ever find yourself in a situation where the staff is asking all the questions and making recommendations, walk away.  When you leave a bankruptcy lawyer’s office you should have spent a good bit of time with your attorney—not just his staff.  You should know how to get in touch with your attorney in case of an emergency.  You should feel comfortable that when you call back with questions the attorney will be the person answering them.  You aren’t hiring the staff.  You are hiring a bankruptcy attorney.

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Cheap Bankruptcy Lawyer

by Melinda Dionne, Esq. on June 23, 2012

Bankruptcy Fees and Price Shopping

Let’s assume you have a brain tumor.  You need to find the best surgeon to perform a life saving operation.  What is your first step?  Do you pick up the phone and call all the brain surgeons in town and ask what they charge for an operation like yours?  Can you imagine what kind of answer you would get if you made that call?  But hey, if you feel comfortable hiring the person who is going to save your life by making that phone call, by all means, make it!

Calling Around for a Price

This morning I got a call from someone wanting to know what I charge for a bankruptcy case.  I get at least one of these calls a day.  The person only wants a number.  They don’t want to answer questions.  They don’t want to tell you anything about their facts.  They just want a number.  They just want to know–who is the cheapest bankruptcy attorney?    I’m always polite but I always have to tell them—it’s probably not me.

Cheap and Best Aren’t the Same

I am good at what I do and I offer an incredible service for the fee that I charge.  That fee always stays within a certain range but fees are set based on what you need done.  How complicated is your case?   How many liens have to be avoided?  Do I need to file motions to value property?  In other words, how much work is going to be required to get you the best result available?  That’s right the best result—not the cheapest fee.

The Best Bankruptcy Lawyer

If you truly believe bankruptcy lawyers are a dime a dozen you’re wrong.  All you have to do to see that is to visit a bankruptcy court and watch a few hearings.  It won’t take 30 minutes to figure out which bankruptcy lawyers are good.  Some bankruptcy lawyers are good at getting your money–but not at protecting you.

If your sole focus is the fee you pay, I would respectfully suggest that you need to rethink your position.  This is your financial life you are talking about.  The quality of the bankruptcy lawyer you hire will make all the difference in how easy and successful your bankruptcy case will be.

Fees and Results Matter

If you are trying to find the cheapest lawyer out there, do me a favor and mark me off your list.  I might not charge anymore than the people you call for quotes.  The difference is–I charge you based on what you need.  My fees are not the same for every case.  No two cases are the same.  Your facts are different from those of my next client.  What you need, and what needs to be done to accomplish your goals, is unique.  So is the fee I charge.  My focus is on fees and results—not just fees.  Results matter.  Fees matter.  Good bankruptcy lawyers take both into account and develop a plan that best serves you.

I am always aware that people struggling with debt don’t have any extra money.  I’m concerned about charging you a fair price for the best results.  If that is not your goal, we aren’t a good match.  I sincerely wish you well with that cheap bankruptcy lawyer you are looking to hire.

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Lessons From LeBron James on Debt Management

June 22, 2012

Lessons from LeBron James I know a story about LeBron James on a Blog about getting out of debt seems more than a little strange.  But hang in there.  Maybe you will see the connection that struck me last night.  I’m not a big basketball fan.  I doubt 3 years ago I could have told [...]

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B is for Bifurcate

March 11, 2012

B is for Bifurcate, which is a complicated word for a simple process. When you bifurcate a claim, you split it into a secured portion and an unsecured portion.  Unsecured creditors in Chapter 13 are not paid interest.  By bifurcating a claim, you can substantially reduce the amount you have to pay for certain items. [...]

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The ABC’s of Bankruptcy – A is for Address

March 3, 2012

A is for Address – The Importance of Correct Addresses One of the most important things you should do as a debtor is provide your Tuscaloosa and Birmingham Bankruptcy lawyer a correspondence address for each of your creditors.  The address is usually found on your statement.  It is different from the payment address (the address [...]

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Reaffirmation, Surrender or Redemption in Chapter 7

October 22, 2011

Reaffirmation, Surrender or Redemption? One of the decisions that a Chapter 7 debtor must make when filing a bankruptcy case is what to do with property securing a debt.  Debtors living in the area covered by the Eleventh Circuit Court of Appeals have one of three options.  A Debtor’s options are reaffirm the debt owed [...]

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Saving Your Car with A Chapter 13 Bankruptcy

October 22, 2011

You Must File Chapter 13 BEFORE Your Car is Repossessed In the 11th Circuit Court of Appeals case of Lewis v. Charles R. Hall Motors, Inc. (In re Lewis), 137 F.3d 1280, 1282 (11th Cir.1998), the Appeals Court determined that Alabama Debtors cannot compel the return of a car that was repossessed prior to the [...]

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How to Stop a Foreclosure with a Chapter 13 Bankruptcy Case

October 22, 2011

Are you behind on your mortgage? Is your lien holder threatening to foreclose on your home? If you are facing Foreclosure, an Experienced Birmingham or Tuscaloosa Bankruptcy Lawyer Can Help! Many people get behind on their mortgage because of lost earnings, illness, or other circumstances that are sometimes beyond their control. When their financial situation [...]

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Lien Stripping in Chapter 13 Bankruptcy

October 17, 2011

What is Lien Stripping? Lien stripping is the process used to split (bifurcate) a secured claim into two parts. The first part of the claim is secured to the extent of the value of the property. The second part of the claim is treated as unsecured since there is no value to which the claim [...]

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Where Will My Bankruptcy Case Be Filed?

October 13, 2011

The place where you live usually determines where your bankruptcy case will be filed. Your bankruptcy case will be filed in the federal district in which you have resided the longer of the last 180 days prior to the filing of your bankruptcy case.  It would also be proper to file a case in the [...]

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