Bankruptcy
Attorney Payment
When it comes to paying a bankruptcy lawyer, there are usually few options. Most attorneys
will demand an up front fee. But there are some bankruptcy lawyers who will accept
payments spread over the several months it will take for your case to wind its way
through the bankruptcy process.
This really is a good marketing idea for the attorney. He knows that people who are facing
bankruptcy have little or no spare cash. He also knows that once a client files for a
chapter 7 bankruptcy he is barred from doing it again for six years. Add to this the fact
that the client will soon be free of most or all of his debts, and taking everything into
consideration youre dealing with someone whos probably a pretty good credit
risk.
Before you can file for bankruptcy protection, you must satisfy a residency requirement
that varies from place to place. Check with your attorney to see if you qualify where you
now live. If youve lived in the same neighborhood for several years you probably
wont have to worry about this little technicality.
But if you are tempted to move to another state, youll have to wait awhile before
youll be able to file there. And, as youll see, there can be some very large
incentives for filing bankruptcy in another state.
Unfortunately the courts arent fools. Lately theyve begun to disallow
bankruptcy filings if the filer cant offer an explanation as to why they made the
move. Moving just to take advantage of liberal bankruptcy exemptions - isnt good
enough. If you decide to shop around for the friendliest state, you should be
able to come up with a logical and compelling justification for your move (a sick
relative, a higher paying new job, marriage to a local would probably work)