Thursday, November 3, 2011

Choosing an Indianapolis Bankruptcy Attorney Based on Fees Alone

           At least a few times a month I receive a telephone call at my office, Halcomb Singler, LLP, asking how much the fees are for a Chapter 7 bankruptcy.  I understand that those considering bankruptcy are extremely conscious of price and that is why they call around to several law firms to get a price quote.  However, I do not believe that choosing an Indianapolis Bankruptcy attorney should be based on price alone and I want to tell you why.

           First of all, it is next to impossible for me to quote a bankruptcy fee over the phone.  This is because I know nothing about you or your situation.  I do not know whether you need to reaffirm real property, whether you have a high likelihood of having an adversary proceeding filed against you, whether you own/operate your own business, etc.  All of these things (and more) factor in to the price I would charge for a bankruptcy.  I find it best to meet with a potential client in person.  That way I am able to ask many questions, answer the potential client's questions, and the potential client and I can see each other face to face prior to my quoting a flat fee.  Since there is no charge or obligation after the first meeting, potential clients at Halcomb Singler, LLP, walk out knowing exactly what they would need to do and pay in order to move the process forward, but they have no obligation to do so.

           There is no doubt that attorneys in the Indianapolis area charge a varied amount for Chapter 7 and Chapter 13 cases.  However, I also believe the range of fees can also be indicative of the range of service one receives from his or her bankruptcy attorney.  For example, there are several law firms in downtown Indianapolis set up very close to the federal court building where bankruptcy 341 hearings are held that are often referred to as "bankruptcy mills" by attorneys.  I assume the business models of these firms are to keep prices as low as possible based on representing many, many people in bankruptcy.  There is certainly nothing inherently wrong with practicing in this manner.  However, I have had several clients come to my office after meeting with an attorney at a bankruptcy mill because they felt rushed or felt that the attorney was only interested in "signing them up" for bankruptcy and not interested in discussing how they could potentially avoid bankruptcy all together.  In some instances these law firms actually play a video of an attorney telling you what they think you need to know about bankruptcy and the attorney only comes in at the end of the meeting to see if you have any questions.

             Another factor to take into consideration prior to blindly choosing the most inexpensive attorney is how attentive that attorney will be to you.  Will the attorney return your telephone calls or e-mails?  Remember that there are only so many hours in a day.  If an attorney has 150 bankruptcy cases pending in his or her office he or she will have less time to respond to e-mails and telephone calls than an attorney who handles less cases.  Unfortunately, attorneys are know for failing to return telephone calls and I have found that this reputation is well-deserved in some cases.

            Consider why you are paying less.  The attorney at the cheapest firm, the most expensive firm, and the firm somewhere in the middle all went to law school and have all been licensed to practice law in the state of Indiana.  So why the price difference?  Other than volume, cost is also lowered by non-attorney assistants preparing bankruptcy petitions and taking telephone calls.  Another way that these firms sometimes lower their fees is to pay another attorney (one who you have likely never met) to appear at your court hearing.  At Halcomb Singler I handle bankruptcy cases personally.  I have never had an attorney from another law firm cover a 341 hearing for one of my bankruptcy clients because I realize that the hearing is a stressful event for most debtors and I would like it to proceed as smoothly as possible.  In addition, I would like to be there in the event that any problems come up.  Although it is rare that a problem develops at the 341 hearing, I do not want to count on attorney from outside of my law firm handling the problem.

              The bottom line as I see it is bankruptcy attorneys who handle fewer cases have more time to devote to each case and each client.  Although the fee is one thing to take into consideration, it is not everything.  After all, once you have decided to file bankruptcy you will likely be directed by your attorney to stop paying some bills which will free up cash to pay the attorney.  In addition, if you need to file bankruptcy you need to get out from under a significant amount of debt.  Wouldn't you prefer that your bankruptcy attorney have less clients pulling him or her in multiple directions and more time to make sure that all of your dischargeable debt goes away?  And don't fall into the trap of assuming that you have a "simple" bankruptcy.  I have yet for a client to walk in the door and tell me that they have anything but a simple bankruptcy.  As the old saying goes, "you don't know what you don't know."  Are you really qualified to know that your case is simple?  I wouldn't know whether my HVAC fix was simple.....that would be why I would ask an HVAC repair person....you get my point.

             Anyway, if you are looking for an attorney in Indianapolis to represent you in a bankruptcy or if you aren't sure whether bankruptcy is right for you or not give me a call at (317) 575-8222 or click here to fill out our form and we will contact you.  I'm not going to give you a quote for a fee over the phone, but I am more than happy to sit down with you, go over your situation, answer your questions and quote my flat fee.

Halcomb Singler, LLP, is a debt relief agency.  It helps people file for bankruptcy under the bankruptcy code.  No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so.  The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.

2 comments:

  1. Hi there! I will be looking forward to visit your page again and for your other posts as well. Thank you for sharing your thoughts about bankruptcy attorney in your area. I am glad to stop by your site and know more about bankruptcy attorney. Keep it up! This is a good read.
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