The process of considering the bankruptcy application by the court involves some tedious procedures.
For example, application can be made under Chapter 7 or Chapter 13.
In some cases, individuals can file application under Chapter 7 also.
All these involve thorough law governing the bankruptcy.
Procedure for filing application: An individual would find it difficult to cope with the legal formalities involved in such cases.
On the top of it, in the year 2005 the bankruptcy law has been amended.
The revised law has some stringent clauses and procedures which are required to be followed.
So, only a person who has knowledge of the law and the legal procedure would be the most appropriate person to take up such cases.
Here comes the need for appointing an attorney.
There are attorneys who are specialized in bankruptcy law.
So it is advisable to hire the services of the 'Bankruptcy attorney'.
Bankruptcy attorney: Being specialized in the bankruptcy law, the attorney will be able to guide the client properly.
It is a ladder to be climbed step by step.
He would ensure that every procedure is properly followed and appropriate documents are furnished so that the applicant is not put to hardship under any circumstances.
Of course he would charge consultation or professional charges for the services he has rendered.
Some people feel that the professional charges would further burden them because they are already debt ridden.
But this does not seem to be logical thinking because the individual will not be conversant with the law and if he approaches the court directly, he may not get the desired remedy.
So it is wise to engage the attorney and his professional charges may not be a burden; considering the relief he gets from the court.
Therefore, taking in view the long term benefit the applicant would get, it is always appropriate that the applicant should hire an attorney.
A word of caution! Before engaging the attorney, discuss the matter thoroughly with the attorney including that of his professional charges and the mode of payment and the payment schedule.
Normally the attorney would prefer the applicant to enter into an agreement with him.
In such cases, carefully read the terms and conditions before signing the agreement.