Miami Bankruptcy Attorney Blog

I tend to meet clients who have visited other bankruptcy attorneys so I typically ask them what they thought of the previous attorney.  I was shocked to learn what some of my clients told me.  So here is a compiled list of things to be on the lookout out for when meeting a bankruptcy attorney:

Your consultation is with the paralegal or law clerk and not the attorney

This has to be one of the worst things I hear from clients who met other attorneys.  I’ll ask them what they thought of the previous attorney and they tell me that they never met the attorney, instead they had a consultation with the paralegal.  If that doesn’t scare you, it SHOULD.  Paralegals cannot give you legal advice and more likely than not what they tell you is incorrect.  If the attorney isn’t even willing to meet with you then how do you know they will even review your case before it is filed?

When you call the schedule a consultation they tell you there is a fee

A consultation fee, while allowed, is probably a good reason to walk away from the potential bankruptcy attorney .  Bankruptcy attorneys in particular must consider their clients circumstances, limited funds, and thus should always offer individual debtors

The attorney only does Chapter 7 bankruptcy

If you meet an attorney and they tell you that they only handle Chapter 7 cases it may not be in your best interest to stay there.  They may try to push you into filing a Chapter 7 and you may have to give up certain assets to do so.  However sometimes Chapter 7 isn’t the best fit for a client, sometimes a Chapter 13 bankruptcy is useful because the client can wipe out the 2^nd mortgage on a home or decrease the loan amount on a vehicle.

The attorney only looks at your paystubs and tells you that you can’t file for Chapter 7 bankruptcy

The easiest way to determine if someone can qualify for Chapter 7 bankruptcy is to look at their paystubs and see if they fit under the median income.  HOWEVER, even if a debtor doesn’t fit under the median income does not prevent them from filing a Chapter 7 bankruptcy, it just requires the attorney to do more work and to compare the debtor’s income to his or her expenses.

If you are looking for a bankruptcy attorney in South Florida then please consider calling Shmucher Law, PL at 305-741-5553 or 954-309-5559.  We offer free consultations in any of our office locations including Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise Florida.

Clients who come to my office will always tend to ask me the following question… can I get a payment plan to pay your attorney fees if I file chapter 7 bankruptcy in Florida? The answer to this question is it depends.  Chapter 7 bankruptcy attorneys are NOT allowed to accept any money from a client after they have filed the client’s case.  That is why in all chapter 7 bankruptcy cases the attorney states that they must be paid up front, or before the filing.  So if you are looking for an attorney who will put you on a payment plan, file your bankruptcy, then continue to allow you to make payments after your case has been filed, you will be looking for a long time because they don’t exist.  However bankruptcy attorneys can work with you with regard to the fee.  Here is how I do it in my office.

If a client comes to see me, wants to file bankruptcy but doesn’t have enough money to do so I will put them on a quasi-payment plan.  In this plan the client will give me an initial down payment ranging from $100-$300.  When the client pays me this fee I can begin to work on their case, which will include running the client’s credit, determining what their assets are, as well as determining which of their assets will be exempted from creditors when the client chooses to file for bankruptcy.   After the initial deposit is made, the client will make any arrangements they can to come up with the rest of the money, whether it’s  monthly payments, bi-monthly payments, quarterly payments, etc… during this time I will continue to work on their file and have the bankruptcy petition ready to file when necessary.  Finally when the client has paid my attorney fee, I will review the petition with the client and then immediately file their case.

If you know someone who is looking to file for chapter 7 bankruptcy in the greater Miami, Fort Lauderdale, or Palm Beach county then please call Shmucher Law, PL at 954.309.5559 or 305.741.5553 to schedule a free initial consultation in one of our five conveniently located offices throughout Broward, Miami-Dade, or Palm Beach counties.

I have a lot of clients who come into my Miami office and one of their first questions always is, how much will filing for bankruptcy cost me? That question depends on a number of factors: including if you are filing for a Chapter 7 or a Chapter 13 bankruptcy, if you are a filing with a spouse, if you own a business, and the complexity of a case.   A standard Chapter 7 bankruptcy in South Florida will usually run between $1,500-$4,000 depending on who you use. At Shmucher Law, PL we charge $1,530 for a Chapter 7 individual filing and $1,830 for a joint filing.   Cases involving numerous properties or self-employed debtors may affect the price of the Chapter 7 bankruptcy filing. The legal fees include the following: $299.00 (bankruptcy filing fee, court fee), $35 (credit report and 12 months of creditor monitoring. The services provided with this fee are the following: initial consultation, additional appointments with the bankruptcy attorney to make sure your file is correct, an attorney to attend the 341 meeting of the creditors with you, and finally an attorney to review and help you sign a reaffirmation agreement on your vehicles or property. The only other fee the debtor must incur is the credit counseling course that must be taken prior to filing for bankruptcy.

If you are thinking about bankruptcy and would like to schedule an appointment with a bankruptcy attorney in Miami, Fort Lauderdale, or Boca Raton then please contact Ofer Shmucher at Shmucher Law, PL to schedule your free initial consultation in any of our five office locations.