What Does a Bankruptcy Attorney Do?

 Posted on February 20, 2025 in Bankruptcy

Filing for bankruptcy is a complex and personal decision. One of the factors influencing the decision to file for bankruptcy may be concern about the bankruptcy process itself. After all, bankruptcy is a complex legal process. If you are wondering whether bankruptcy is right for you, you may have questions about the role of the bankruptcy attorney. Speak to an experienced Liberty County, TX bankruptcy attorney who can explain the role of the bankruptcy attorney.

Help You Decide Which Type of Bankruptcy to File

One of the key roles of a bankruptcy attorney is to provide legal advice based on your specific situation as it applies to bankruptcy law. Your bankruptcy attorney will explain the bankruptcy process to you and answer any questions you may have. Your attorney will, for example:  

• Advise you on the benefits of filing Chapter 7 versus Chapter 13 bankruptcy, and which type is right for you.

• Provide advice on whether you qualify for Chapter 7 bankruptcy via the means test, the income test used to determine Chapter 7 eligibility.

• Explain which types of property may be exempt from the bankruptcy estate and how they will help you keep the property most important to you.

• Advise you about the legality of transferring property before and during bankruptcy, so you can avoid issues.

• Create a legal strategy to maximize your results in bankruptcy 

• Prepare and File the Paperwork and Create a Legal Strategy

Manage Paperwork and Deadlines

Filing for bankruptcy involves filling out numerous forms. Your attorney will be familiar with these forms and likely use specialized software to fill them out and file them on your behalf, saving you time and stress and ensuring everything is completed in a correct and timely manner. Your attorney will also ensure that you provide the required documents before your meeting with the creditors, such as bank statements, paycheck stubs, and income tax returns. Your attorney will also file any petition with the court if you have creditors harassing you or something else is not legally sound.

Represent You in Court and With the Trustee and Creditors

In bankruptcy, a large part of your attorney’s role is representing you before the court, trustee, and creditors. At a minimum, your attorney will prepare you for and represent you at your meeting with the creditors, any reaffirmation hearings if you wish to keep certain property (if you are filing Chapter 7), or a Chapter 13 confirmation hearing to confirm your payment plan. Your attorney will also communicate with the trustee and challenge any trustee actions in court if need be.  

Call a Liberty County, TX Bankruptcy Attorney

If you have large amounts of debt and wish to utilize the bankruptcy process to get your financial life in order, an experienced Houston, TX bankruptcy attorney can represent you. At The Fealy Law Firm, PC attorney Vicky Fealy represents clients going through hard times throughout the bankruptcy process — from planning, to filing, to moving forward after discharge. Call our office at The Fealy Law Firm, PC for a free consultation.