When you find yourself in financial trouble, know that bankruptcy is a true godsend. Don’t fear it, embrace it and allow it to provide you with a certain financial future. All you need to do is make the decision to grab hold of your finances and hire one of San Diego, CA’s leading Chapter 13 bankruptcy attorneys to help you. However, that’s exactly where the biggest catch is – how do you know which lawyer is reputable and which one you should steer clear of?
How do I know if a bankruptcy lawyer is unsuitable for me?
This is essential. A good, experienced, and knowledgeable lawyer will make your bankruptcy proceedings a breeze. In fact, you’ll end up enjoying the whole process of reclaiming your financial independence, trust us. However, going for the wrong “expert” will only cause additional stress and end up not leading you to the promised land. We know how difficult it is weeding out the good from the bad, which is why we’re here to help you.
Pressuring you into a large upfront cash payment with no written agreement
A legitimate bankruptcy attorney will give you a clear, written fee agreement before you pay anything — spelling out exactly what’s covered, what isn’t, and what the total cost will be. Be wary of anyone who:
- Asks for a large cash payment upfront with no written engagement letter
- Quotes a suspiciously low flat fee, then adds on unexpected charges once you’re already committed
- Is vague or evasive when you ask directly what the total cost will be
Reputable attorneys have no reason to avoid putting fees in writing. If someone does, that alone is worth walking away over.
Advising you to hide assets and income
This is a bright red flag if there ever was one. Remember that you have to be absolutely truthful when stating all your debts, assets, and income when submitting your claim. Otherwise, if you choose to hide some of your assets and income and the court finds out about it, which they will, you risk having your claim rejected and you not finding the financial relief you’ve been looking for.
So if your potential attorney tells you “Hey, there’s no need to list absolutely everything, you can hide a couple of things here and there” walk away, and fast. Know that you’re filing your bankruptcy under penalty of perjury, which means the court can even prosecute you if you lie or try to commit fraud.
Delaying your proceedings
You want to file for bankruptcy as soon as possible, as there’s absolutely no reason for you to delay your claim and put off regaining your financial freedom. So if you find a lawyer who’s not willing to help expedite your case and work as quickly as possible in your best interests, look on. Postponing your claim will only lead to creditors going after you for longer and you not being able to write off much of your debt. Why go through all that if you don’t have to?
No discussion about your financial goals
When filing for bankruptcy it’s essential to choose a chapter that works for you and your future financial goals. For example, not everyone is suited for Chapter 13 and long-term affordable repayments. That’s why a good attorney has to inquire about your current situation as well as your plans for the future in order to provide the best possible solution for your troubles. If they offer run-of-the-mill service, they’re certainly not the right choice for you.
Poor communication
Not answering your emails, not returning your calls, forgetting to answer your questions, being unpleasant and sounding like you’re bothering them… All these are only some examples of bad communication between you and your attorney. If any of this happens it’s time for you to look for assistance elsewhere.
They’re not actually a licensed attorney
Not everyone offering to “help” with a bankruptcy filing is a lawyer. Non-attorney “bankruptcy petition preparers” can legally assist with basic form preparation in some circumstances, but they cannot give legal advice, represent you in court, or tell you which chapter to file or what strategy to use, and some operate outside even those limits. Before hiring anyone, verify they’re a licensed attorney in good standing through the California State Bar’s attorney search tool. It takes under a minute and confirms both that someone is licensed and that they don’t have a history of discipline.
Who are the most reputable Chapter 13 bankruptcy lawyers in San Diego?
Know that the most important thing about filing for bankruptcy is hiring the right bankruptcy attorney to represent you. There are many reasons why choosing a reputable lawyer is important, from ensuring a stress-free process to allowing them to deal with your creditors. And to ensure you’re working with a reputable expert and not an unprofessional hack, remember to ask your attorney all the questions you have and assess if their answers are suitable.
Or you can simply skip this process in its entirety and turn to Bankruptcy Law Offices of Mark L. Miller. We’re here to provide expert advice and assistance throughout all the stages of your claim, from choosing the most suitable type of bankruptcy for you to filing all the documentation in your stead and finalizing all the aspects until you receive your financial relief. Schedule your free consultation and find our offices near the African Diaspora Museum and Research Center.
FAQs
How can I check if a bankruptcy attorney is actually licensed?
Use the California State Bar’s attorney search tool to confirm their license status and check for any disciplinary history. It’s free and takes less than a minute.
Is it normal for a bankruptcy attorney to ask for payment upfront?
Some upfront payment is normal, but it should always come with a clear, written fee agreement first. Be cautious of anyone asking for a large cash payment with nothing in writing.
What’s the difference between a bankruptcy attorney and a “bankruptcy petition preparer”?
A petition preparer is not a licensed attorney and cannot give legal advice, recommend a bankruptcy chapter, or represent you in court — they can, in limited circumstances, help type up paperwork you’ve already decided on. If someone in that role is giving you legal advice, that’s a red flag.
Should I be worried if my attorney suggests leaving something off my paperwork?
Yes, you file bankruptcy under penalty of perjury, and omitting assets, income, or debts (even ones you think won’t matter) can get your case dismissed or worse. A legitimate attorney will always tell you to disclose everything, not selectively.
