Why Should I Use an Attorney in My District?

If you’re considering filing for bankruptcy and you’re wondering about how to manage the legal requirements involved, you essentially have three options:

1. Prepare the case on your own and represent yourself “pro se.”
2. Use a bankruptcy petition preparer. (This will also require you to represent yourself “pro se.”)
3. Use an attorney located in your district.

You may be considering trying to save money by going for one of the first two options and forgoing the assistance of a local lawyer. However, this is a risky strategy. Bankruptcy filers who choose to “go it alone” often end up in a worse financial situation than those who hire attorneys.

In this post, we explore each of the three options listed above.

Preparing and Filing Your Own Case “Pro Se”

“He who is his own lawyer has a fool for a client.” – Proverb

Filing your own bankruptcy case is almost always a mistake. These cases normally end up getting dismissed because of some technical legal requirement not being satisfied. At this point, you’ll probably need to hire an attorney to attempt to salvage your case.  Oftentimes, your attorney will be bound by choices you made while representing yourself.  These choices could be costly.

Properly preparing the required forms and schedules requires a solid understanding of bankruptcy law. Each Bankruptcy Court district has its own practices and methods; unless you know how things work in Alabama’s federal districts, you’ll be facing an uphill battle from the very start.

There can be serious consequences to filing a bankruptcy case improperly, as there are strict limitations when it comes to refiling these cases. Intentionally failing to disclose information or improper use of the bankruptcy process could potentially lead to serious criminal charges or prevent you from ever seeking court-approved relief on the debts in question.

If you have already filed your case “pro se,” we suggest you contact a qualified bankruptcy attorney as quickly as possible and let them do damage control. Our firm is pleased to help people in this situation, but time is of the essence.

Bankruptcy Petition Preparers

A bankruptcy petition preparer is a non-attorney whom you can hire to help you complete bankruptcy paperwork for a fee. However, they cannot provide legal advice, represent you in court, or ensure your bankruptcy paperwork is accurately completed according to legal standards.

Petition preparers cost about as much as bankruptcy attorneys and have much lower success rates. In fact, we’ve come across some petition preparers who charge higher fees than we do.

The internet is full of scammers preying on desperate people. Many petition preparers are unscrupulous operators who cross the line into practicing law without a license. Alabama’s Bankruptcy Administrator often investigates cases in which this happens; however, if you work with an out-of-state petition preparer, it’s unlikely that you’ll be able to hold them accountable for making costly mistakes in your case.

If you’ve hired a bankruptcy petition preparer to work on your case, we make the same suggestion as above – that you contact a qualified bankruptcy attorney as soon as possible.

Using an Attorney Located in Your District

Your case needs to be filed in the federal district in which your residence or business is located. You must have lived or run your business in the district in which you file for at least 180 days prior to the filing; otherwise, you should file in whatever district you spent the most time in during that period. To access a map of Alabama’s federal court districts, view Where Should I File?

Grainger, Hawley & Shinbaum has offices in Montgomery and Prattville, both of which are in the Middle District of Alabama. We recommend using an attorney licensed by both the State Bar Association and the federal court in your district. Otherwise, that attorney’s representation of you may be improper.

What to Look for in an Alabama Bankruptcy Attorney

As noted above, you’ll want to work with an attorney who’s based in your federal district. That will still leave you with a lot of options, though. Other factors to consider include:

• Experience with Alabama bankruptcy laws: An attorney with extensive experience in Alabama bankruptcy law will be well-versed in state-specific exemptions and legal procedures. Bankruptcy procedures vary significantly from one state to the next, so experience in Alabama is a vital asset.
• Transparent fees and payment plans: Ensure the attorney offers clear and transparent information about their fees, including any potential additional costs. At Grainger, Hawley & Shinbaum, LLC, we offer a free initial consultation to every prospective client. During this first meeting, we’ll clearly outline all the costs you can expect if you hire our firm to manage your bankruptcy filing.
• Compassionate and understanding approach: Bankruptcy can be an emotionally taxing experience, so it’s important to work with a lawyer who is compassionate and who will be able to help you to understand the challenges you’re facing.
• Personalized legal strategies: Every bankruptcy case is unique, and your attorney should offer a personalized approach tailored to your specific situation. During your initial consultation, pay attention to whether the lawyer suggests a strategy that takes your personal circumstances into the equation. For example, they should discuss the benefits and drawbacks of both Chapter 7 and Chapter 13 bankruptcy, and guide you on which is likely to be more suitable in your case.
• Availability for in-person consultations: In-person consultations in Alabama can be crucial for discussing sensitive matters. Though we offer Zoom consultations to clients who can’t make the trip to our offices, we encourage everyone we work with to speak with us in person.

For information about locating and choosing an attorney, view How Should I Select an Attorney?

Contact a Knowledgeable Bankruptcy Lawyer

Grainger, Hawley & Shinbaum, LLC is an experienced bankruptcy law firm which can advise you on whether bankruptcy or any bankruptcy alternatives are appropriate for you.

Grainger, Hawley & Shinbaum, LLC  represents clients from the river region; we have offices located in Montgomery and Prattville, to help you “get out of the hole.”

Call us at (334) 260-0500 or contact us online to schedule a free consultation.