June 2024

Though it doesn’t come as a surprise, filing for Chapter 7 or Chapter 13 bankruptcy is quite a significant decision, and perhaps the most crucial part of the process is choosing the “right” bankruptcy attorney. So, if you’re overwhelmed by the weight of debt and considering Chapter 7 or Chapter 13 bankruptcy and looking for a bankruptcy attorney who understands your wants and needs, here is a breakdown of how to choose the “right” attorney for you from the team at David S. Clark in Opelika. 

1. Look for Specialization in Bankruptcy Law

Like other types of law, bankruptcy law includes many different types, or “chapters” as they’re more commonly known. Personal bankruptcy spans across two main chapters: Chapter 7 and Chapter 13. So, in your search for a bankruptcy attorney, seek a lawyer who specializes in those chapters, and ensure they can provide expert guidance tailored to your unique financial situation. 

2. Check Qualifications and Experience

When it comes to bankruptcy law, an attorney’s qualifications and experience are paramount. Take time to research attorneys in the Auburn and Opelika areas. Look into their education, bar admissions, and any additional certifications necessary for bankruptcy law. Ultimately, experience matters, because an attorney who understands the legal landscape of Chapter 7 and Chapter 13 bankruptcy can not only help you navigate the entire process but also lead to a higher success rate in terms of your unique bankruptcy process. 

3. Read Client Reviews and Testimonials

Yet, how can you judge a bankruptcy attorney’s experience? One of the main ways is to look into client reviews and testimonials. These offer valuable insights into an attorney’s reputation as well as the overall quality of the services they provide. Pay attention to feedback about their responsiveness, communication skills, and overall client satisfaction. Positive reviews from clients who had cases similar to yours can be particularly reassuring.

4. Schedule Initial Consultations

Most bankruptcy attorneys offer free initial consultations. Use this opportunity to meet with potential attorneys and gauge their compatibility. Here is a quick list of a few questions to ask to better determine if an attorney is the right fit:

• How many Chapter 7 and Chapter 13 cases have you handled?
• What is your success rate in bankruptcy cases?
• How do you keep clients informed throughout the process?
• What are your fees, and what services do they cover?

5. Consider Local Knowledge

Choosing an attorney with local knowledge can be advantageous. They will be familiar with the specific bankruptcy trustees, judges, and court procedures in Opelika. This local insight can help streamline your case and potentially lead to better outcomes.

6. Trust Your Instincts

Finally, make sure to trust your instincts. Make sure that you feel confident and comfortable with the decisions you make, and choose a bankruptcy attorney who not only understands the legal landscape around you but understands you.

David S. Clark – Your Bankruptcy Attorney in Opelika

From his many valuable years of experience serving the Auburn and Opelika, Alabama community, David S. Clark is knowledgeable and prepared to help you start your journey back to financial security. If you need help navigating the stress, intricacies, and complexities of Chapter 7 or Chapter 13 Bankruptcy, contact David S. Clark, Attorney at Law today!

How to Navigate Bankruptcy in Opelika

Filing for bankruptcy in Alabama can be an overwhelming and daunting process, but it can also provide a “second chance” for those struggling with debt. If you’re a resident in Auburn or Opelika and considering filing for bankruptcy, understanding the steps involved can not only help ease your concerns but also prepare you for the journey ahead. Here is a step-by-step guide on how to navigate the bankruptcy process from David S. Clark, a Chapter 7 and Chapter 13 bankruptcy attorney based in Opelika, Alabama.

1. Evaluate Your Financial Situation

Before taking steps to file for bankruptcy, it’s essential to assess and get an overview of your financial situation. Look through your debts, income, monthly expenses, and assets. Ultimately, understanding your financial “position” will help determine which chapter of personal bankruptcy could be right for you. 

As a quick note, personal bankruptcy typically falls between two “chapters”. These include Chapter 7 Bankruptcy and Chapter 13 bankruptcy, both of which include different steps, qualifications, and overall impact on your financial situation. Here is a great breakdown of those chapters from David S. Clark! 

2. Seek Professional Advice

Perhaps the most crucial step in the process is consulting with a qualified personal bankruptcy attorney in Opelika or Auburn, Alabama. A bankruptcy attorney can not only provide expert guidance throughout the bankruptcy process, but also help you make the most informed decisions for your unique financial situation. 

It is important to remember that your bankruptcy case is unique and will look incredibly different from another. So, taking the time to talk with a bankruptcy attorney who understands personal bankruptcy and bankruptcy law in Alabama is key. 

3. Gather Required Documentation

Filing for bankruptcy requires extensive documentation. You’ll need to collect and organize the following:

• Recent tax returns
• Pay stubs and proof of income
• Bank statements
• Lists of all debts, including credit cards, loans, and medical bills
• Records of property and assets
• Monthly living expenses

Having these documents ready will streamline the filing process and ensure that your bankruptcy petition is complete and accurate.

Your dedicated bankruptcy attorney can also help you access these key documents. Yet, it is essential that you are open and honest throughout the process. Hiding documents, debts, or assets can ruin any chance of your bankruptcy process being successful.  

4. File the Bankruptcy Petition

With the help of your dedicated personal bankruptcy attorney, you’ll prepare and file your bankruptcy petition with the bankruptcy court in Alabama. This petition includes detailed information about your debts, assets, income, and any other pertinent financial information. This filing officially starts the bankruptcy process and also triggers an “automatic stay”, which halts collection activities and protects you from creditors. 

For more information on the automatic stay, click here! 

5. Receive Your Bankruptcy Discharge

Depending on which chapter pf bankruptcy you filed for (typically under Chapter 7), you could receive a discharge of your eligible debts within three to six months after filing. For Chapter 13, debt discharge occurs after you complete your court-mandated repayment plan, which lasts for three to five years. 

Ultimately, debt discharge releases you from the liability for most debts, providing a fresh financial start. 

David S. Clark, Your Personal Bankrupty Attorney in Opelika

While this is a guide on how to navigate bankruptcy, it is essential to remember that every bankruptcy case is different, and the process is definitely longer than a blog post can describe. Yet, if you’re looking for financial freedom and facing overwhelming debt, bankruptcy can provide a second chance. With the help of an experienced bankruptcy attorney, like David S. Clark, you can not only have an advocate, but a friend to encourage you through the entire process. 

If you’re an Opelika or Auburn, Alabama resident struggling with the weight of overwhelming debt and seeking the financial advice, wisdom, and encouragement of an experienced bankruptcy attorney, contact David S. Clark today!