Sunday, January 11, 2009

What to bring to my initial bankruptcy consultation with the attorney

Your initial consultation with any bankruptcy attorney is a very important event and should not be viewed as a quick meeting to obtain free advise. Typically (at least in Florida) the initial consultation with a bankruptcy attorney will be free of charge and will last about 45 minutes to 1 hour. Our office presents the prospective client with an information sheet that attempts to gain a good picture of the person's overall financial situation.

Most individuals that schedule a consultation have either been sued, are in foreclosure or are just simply overwhelmed with their current debt and are being harassed by creditors. It is the more in debt analysis that most bankruptcy attorneys are seeking beyond these norms that is the subject of the initial consultation. (The clear exceptions to this are when the prospective client's house is set for a imminent sale in foreclosure, their wages or accounts are being garnished or they have a court hearing scheduled that may substantially affect their personal interests).

To be prepared for your initial consultation it is suggested that you:

1. Afford yourself enough time for the consultation. It is not only important to have a full analysis of your matter but also that their is time to listen and understand your options so that you can make an informed decision.

2. Bring your most recent pay stub and the most recent pay stub of your spouse (regardless if you will be filing a joint bankruptcy). If you are separated from your spouse and you do not share finances, please explain that to the attorney.

3. Bring with you any legal documents that you have received, such as a copy of a lawsuit and any documents that you have received since being served with the lawsuit.

4. Bring the most recent statements from your mortgage company and any other finance companies that have a secured interest in any collateral, such as vehicles, boats, etc. The most recent statements are important so that estimated calculations can be made by the attorney in reviewing your financial options.

5. Bring your last two (2) years of tax returns, and any documents that alleged that you owe the IRS back taxes. Obviously if you owe the Florida Department of Revenue money or you are delinquent in your 941 trust taxes all documents related to these liabilities should be brought with you to the meeting.

6. Bring an understanding of the debts that you owe so that you can review this with the attorney so that an initial plan can be developed that best fits your situation and the law.

The first consultation with a bankruptcy attorney should be an opportunity to learn your options and start to develop a plan to relive the financial stress. I have literally done thousands of consultations over the past 10 years and I have always have a feeling of accomplishment when a prosective client says to me that while the decision to file for bankrutptcy relief is not an easy one having the option has substantially reduced their stress.

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