I’ve Decided To File Bankruptcy, Where Do I Start?

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So if you’re out there and you decided that you need to look into bankruptcy, the next big thing probably wondering is where in the world you start, what you are supposed to be looking for, and maybe just importantly, what you should be looking at for.

We’re a little bit unique in a sense that over the years on occasion we’ve actually gotten pick up or brought into cases specifically to investigate certain behaviors we call them or maybe when attorneys or law firms aren’t doing what they’re supposed to do. Sometimes we’d get ask by bankruptcy trustee to look into it and see what they think is going on inevitably we end up talking to the clients. People who had used the firm or the attorney that the trustees are complaining off. It’s really kind of interesting as we end up having to ask them what happened and figure out what their part was, what did the attorney or the firms part was. But in every single case, the person has felt very guilty for having selected that firm or that attorney that didn’t worked out very well and I can’t think of a one that didn’t tell me what’s wrong they just had a gut feeling that something was wrong right from the beginning.

When you’re selecting a bankruptcy attorney or firm, it’s your dollars, your representation, your case and your file. You have the right to see as many of us as you want to and frankly you should. It’s not that a bankruptcy is going to cause you the same price as a new car but it’s certainly going to be much more impactive on your financial life than purchasing a car or a home and you would never do that just by test driving one car or going to look in the inside or you take a tour of one home and you really shouldn’t do the same thing with bankruptcy attorneys either it is not something bankruptcy attorneys are offended by. We understand that you need to go out there and check out a few things and make sure that you’re getting the right advice, make sure you’re getting a legitimate requite and then having some basis from which you can compare one experience to another to make your decision about which law firm it is that you should hire.

The problems with bankruptcy are hiring bankruptcy an attorney to law firms is that generally this is the only time you’ve ever had anything to do with bankruptcy law. There’s no experience that you can use as a comparison if you’re buying a car, you’ve probably bought a few cars over the years or you’ve driven a few and you can talk to people about it. Little similar with bankruptcy, if you know the people that have used a particular firm or that have gone through the process you might get some information from them as well. But buying large is a fairly unfair process for people when they trying to go out and find out who they should or should not hire just because they experience you’ve never had before. Quite frankly, the bankruptcy code is confusing enough these days just like we don’t practice anything but consumer bankruptcy and just keeping up with that is a full time job to ask somebody to have a working knowledge of it for the one time they’re going to do it is just not even practical.

So we got a little talking around the office the other day that what are some things that people could just you know look out for what should be some really big red flags if you walk into a law firm or an attorney’s office and you’re there for your initial bankruptcy consultation you know what are some things you could look for if you have no knowledge or experience with bankruptcy that would give you a clue that maybe this isn’t the best place for you to be. Probably the first thing that jumps out is their initial ability to communicate, how long did it take you to set up this consultation (We’re they able to find a time that would work for you).

When you get there and you’re doing your consultation it’s very common that you have to fill out a little bit of paperwork before you go back and meet with you attorney. But once you’re done filling out a little bit of paperwork, are you actually meeting with an attorney or you’re meeting with paralegal or what some firms are now calling a “bankruptcy analyst” or some kind? None of those will work. You have to speak with an actual Colorado licensed attorney also licensed in a federal bankruptcy court because they are offering you legal advice so they have to be an attorney to do it.

Also look out for the large pockets. These are pockets that are about 60 plus pieces of paper that you might be given to take home after a consultation. What you’re really doing there is you’re writing your own bankruptcy petition, that’s what you’ve hired the attorney to do. You really should be able to sit down on consultation with your attorney, go through the paperwork that you’ve laid out and then have them do the writing, not you doing the writing.

Other things we’ve notice is be careful with high marketed firms, they tend to be really great at marketing but not so great at legal work and anything offer you a gift or an enticement for coming in usually does spells trouble. There are quite a few more of these we’ll have to pick them up I guess next week. We got a basketball game coming up in here in just a little bit so basketball takes priority, we understand.

If you have questions feel free to contact me personally, TALK Morse of Morse and Associates throughout the week. You can reach us in 303-300-6684 or visit us online at morsebankruptcy.com and go to our resource center, there’s a lot of articles that you can read that could give you a good place to start for collecting information and then there’s a contact form you, could ask your questions specifically to us if you wish or you can just call us on the phone and we’ll find time to get a consultation schedule for you.

To continue reading the answer, see the text below or jump to another question using the links below:

  1. Common Reasons For Filing Bankruptcy
  2. Should I File For Bankruptcy?
  3. I’ve Decided To File Bankruptcy, Where Do I Start?


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