Chapter 13 Bankruptcy: What Does My Attorney Do?
The Duties of the Chapter 13 Bankruptcy Attorney
In a Chapter 13 bankruptcy, your attorney performs the following functions:
- Examines your financial situation and determines whether a Chapter 13 filing is a feasible alternative for
you, and if so, whether a single or a joint case should be filed;
- Assists you in the preparation of a budget;
- Examines the liens or security interests of secured creditors to ascertain their validity or avoidability, and takes the legal steps necessary to protect the filed interest in such matters;
- Devises and implements methods of dealing with secured creditors;
- Prepares a Chapter 13 Plan that meets your needs and is acceptable to the court;
- Prepares the necessary pleadings and Chapter 13 bankruptcy forms;
- Files the Chapter 13 forms and pleadings with the court and pays, or provides for the payment of the filing fee;
- Attends the 341 Meeting of Creditors, the Confirmation Hearing, and any other court hearings required in the case;
- Assists the debtor in obtaining court approval of a Chapter 13 Plan;
- Checks the claims filed in the case, files objections to improper claims, and attends court hearings thereon;
- Assists you in overcoming any legal obstacles that may arise during the course of the case;
- Assists you in obtaining a discharge upon the completion or termination of the plan.
The fee charged by an attorney for representing a debtor in a Chapter 13 bankruptcy must be reviewed and approved by the bankruptcy court. This rule is followed whether the fee is paid to the attorney prior to or after the filing of the case, and whether it is paid to the attorney directly by the debtor or by the chapter 13 trustee. The court will approve only a fee that it finds to be reasonable.
Would you like to discuss your potential Chapter 13 bankruptcy? Contact me to schedule a free in-office or telephone consultation today! The Ohio Bankruptcy Attorney – David Smith, helping you obtain your fresh start for a new tomorrow!