Which lawyer
should I go to? This is an extremely important
question. Filing bankruptcy will have a
significant impact on your life for years to
come.....but bankruptcy law is very complex,
with many twists and turns, and traps for the
unwary. If you need to file
bankruptcy...choosing the right lawyer is
critical.
In many
cases, the simple truth is that the more
experienced attorney will do a better job,
which means getting you the most benefit from
filing and avoiding the mistakes that someone
less experienced is bound to make.
Don't take
chances. Here are some of the questions to ask
in order to find the best available bankruptcy
lawyer:
- Do you
practice bankruptcy law full-time?
You want a full-time lawyer, who spends
all his time getting better at
representing people in bankruptcy. You
want a lawyer who knows the Bankruptcy
Code and the local rules....inside and
out, who has a good, established working
relationship with the local Trustee and
knows his or her preferences, who has a
good reputation before the local
Bankruptcy Judge, who knows which way the
local Bankruptcy Judge tends to lean on
certain key issues, and who enjoys the
respect of the local creditor lawyers.
What you don't want is the lawyer
jack-of-all-trades....who does a little of
everything...including bankruptcy. Think
about it. He or she may be great at
handling a real estate closing, drafting a
will or and taking care of a speeding
ticket...but the fact is....if a lawyer
does anything other than bankruptcy.....
he or she is obviously not spending all
his or her time learning and staying sharp
on bankruptcy law. There is a reason that
lawyers limit their law practices to one
area of law or another....and you want the
lawyer that does nothing but bankruptcy
law for a living. For instance....
What about the Law Offices of John T.
Orcutt?
The answer is "Yes".
In fact....all 4 of our lawyers do nothing
but bankruptcy law.
How many years have you done bankruptcy
full-time?
You have to be careful here. Lots of
lawyers advertise years and years of
experience. But the question should be
"How many of those years did you
spend doing nothing but bankruptcy
law?" Generally....the more
years....the better. For example, full
time for 10 years is way better than full
time for a month or even a year.
What about John T. Orcutt?
John Orcutt has actively practiced
bankruptcy law since 1985. John Orcutt has
limited his practice to bankruptcy law
since 1997.
How many bankruptcy cases have you
filed?
You want the best lawyer available. In
most cases....the more cases a lawyer has
filed....the more experience the lawyer
brings to the table.....and the more
expertise the lawyer brings to the
table....the better the result, benefit
and protection you and your family will
get.
What about the Law Offices of John T.
Orcutt?
We file between 220 and 350 cases per
month. We have filed over 20,000 cases
since 1985.
How many Chapter 13 bankruptcy cases
have you filed?
This is a very telling question. Lots of
lawyers file a few Chapter 7 cases. Some
even practice bankruptcy
full-time......but only do Chapter 7
cases. In most cases.....Chapter 7 is much
easier and less complicated than Chapter
13. In my experience.....the best, most
experienced lawyers handle lots of both
Chapter 7 and Chapter 13 cases.
What about the Law Offices of John T.
Orcutt? We have filed thousands of Chapter
13 cases. We estimate that we have filed
over 10,000 Chapter 13 cases in all.
Do you attend all the Federal, State and
local bankruptcy seminars?
Bar Associations and Bankruptcy Courts put
on seminars every year. For instance, in
the Eastern District of North Carolina,
there are at least 3 different major
seminars available to bankruptcy lawyers:
The National Association of Consumer
Bankruptcy Attorneys seminar, the North
Carolina Bar Association Bankruptcy
Section seminar, and the Eastern
Bankruptcy Institute seminar.
What about the Law Offices of John T.
Orcutt?
All 4 lawyers attend all major seminars
each year on a regular basis....barring
emergencies or scheduling conflicts.
Are you a member of the National
Association of Consumer Bankruptcy
Attorneys (NACBA)?
This is the one national association for
consumer bankruptcy attorneys. Not all
good bankruptcy attorneys are a member,
but membership in this organization is
generally a good indication of a strong
commitment to providing the very best in
bankruptcy services to the public.
What about the Law Offices of John T.
Orcutt?
All 4 of our lawyers are members of NACBA.
John Orcutt has been a member for at least
8 years.
How good is the lawyer's reputation?
You want a lawyer with a record of
success who has earned and enjoys the
respect of his or her colleagues,
including bankruptcy attorneys, the
Trustees and the local Bankruptcy Judges.
But which of these people should I
contact? Ask the Chapter 13 Trustee:
Perhaps the best indication of whether a
lawyer is one of the best is to call and
ask the local Chapter 13 Trustee or
someone on this Trustee's staff. The local
Chapter 13 Trustee and the Trustee's staff
know who the good bankruptcy lawyers are.
The Chapter 13 Trustee deals with these
lawyers on a regular....day to day....
basis. When you call one of these
Trustees....you probably won't get to talk
to the Trustee....but that's o.k. Just
talk to someone on his or her staff. If
the Trustee's staff is hesitant to
recommend a lawyer....at least ask this.
Which lawyers filed the most Chapter 13 cases....and then try to slip in this
question: "Of the record....if
you had to file bankruptcy....who would
you use?" I suspect that most of the
time, they will give you the name of one
or more lawyers.....but one thing is for
sure. They won't give you the name of a
lawyer they know....who is clearly not a
good bankruptcy lawyer.
How do I find out who the Chapter 13
Trustee's in my area are?
If you live in the Eastern two-thirds
of North Carolina...these are the Chapter
13 Trustees:
|
John F. Logan,
|
Raleigh, N.C.,
|
1-919-876-1355.
|
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Robert R. Browning,
|
Greenville, N.C.
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1-252-758-6530
|
|
Trawick H. Stubbs,
|
New Bern, N.C.
|
1-252-633-0074
|
|
Richard Hutson,
|
Durham, N.C.
|
1-919-688-8065
|
|
Richard Stearns |
Kinston, N.C. |
1-252-523-2295 |
Elsewhere...The trick is to find out the
name and telephone number of the local
Chapter 13 Trustee. To get his or her name,
you can call your local United States
Bankruptcy Court and ask them. You can find
the telephone number for your local U.S.
Bankruptcy Court by looking under the
listings for the United States government in
your local telephone book. An easier way to
find out the name of the Chapter 13 Trustee
is to check out your local Bankruptcy
Court's website. This can be found by going
to
http://www.uscourts.gov/links.html
. Generally, the Court's website will contain
a list of the names and telephone numbers of
all Chapter 13 Trustees. For instance, in
the Eastern (Raleigh and east) and Middle
(Durham and north and south of Durham)
Districts of North Carolina, the websites
are located at
http://www.nceb.uscourts.gov/
and
http://www.ncmb.uscourts.gov/,
respectively.
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