Does it Matter Which Chapter 13 Bankruptcy Attorney I Choose?
Yes, it does. Read on. Your Omaha Chapter 13 bankruptcy attorney selection makes a HUGE difference in the ultimate outcome of your case.
Experience Makes a Difference
It takes years of actual experience in the trenches of the Chapter 13 bankruptcy world to have an understanding of what is going on. It’s just one of those areas of law that you can’t bluff your way through. Why? Because the Chapter 13 laws are very complicated, confusing and often times don’t mean what they appear to say.
Although the law may say one thing that seems pretty obvious to the average person, the federal bankruptcy and appellate courts frequently have an entirely different interpretation of the meaning of a particular statute.
Even if your particular judge sees an issue your way, he or she may be required to rule differently because a higher court has set the standard of interpretation in a previous case. Lower courts are obligated to follow the interpretations of higher courts in their area (called circuits….Omaha is in the 8th Circuit) and your bankruptcy attorney in Omaha has to know these decisions and how they interplay with each other.
Judicial interpretation of the laws passed by Congress is a tough job. The courts try to do their best to render justice but it’s a very tricky business.
For example, sometimes Congress passes laws that are, truthfully, impossible or overly burdensome to implement. Or, alternatively, Congress may have passed a law that solved one problem but they failed collectively to see how another, perhaps larger, problem was created as a result.
Or, yet another situation is when Congress updates, reforms or amends an existing law without adequately understanding how the various sections of the old law worked together. This last situation is what happened when the bankruptcy laws were amended in 2005.
It was not a totally new law. Rather, it was akin to half-way rebuilding an engine with some new parts made by another manufacturer! The engine still runs, but I have to tell you, it’s not pretty, it doesn’t sound very smooth and it looks pretty weird. And, it drives unpredictably and not safe at certain speeds.
So, practicing Chapter 13 bankruptcy is just like driving a quirky car with sensitive brakes, steering, suspension…….you get the picture. Driving such a car is doable and you can potentially get from point A to point B, but you have to know how to handle the car and it likely will require some pit stops along the way.
It is also extremely important when driving the Chapter 13 car that you AVOID certain roads and dead ends. Yes, those roads and dead end streets are actually on the map, but they are a very, very bad idea to follow if you want to get to your destination.
An inexperienced or unwise Chapter 13 bankruptcy attorney in Omaha may not know what lies ahead. Good judgment, careful driving skills, a respect of law enforcement and a sound knowledge of the Chapter 13 roads are essential to get to point B (a Chapter 13 discharge).
Critical Considerations When Choosing a Chapter 13 Bankruptcy Attorney
Filing a Chapter 13 bankruptcy is not only important in and of itself, it also establishes a 3 to 5 year relationship with a Chapter 13 attorney and his or her office. This is something to seriously consider and contemplate before making a decision as to what Omaha bankruptcy attorney to work with if you need to file a Chapter 13 bankruptcy.
If you are considering filing a Chapter 13 bankruptcy, you obviously want to choose the best attorney to represent you. You want someone who is knowledgeable, smart, careful, effective, prudent, decisive, caring and kind. You are scared and anxious about the future and need a compassionate yet competent hand at the wheel.
What you don’t need is obvious: a lawyer who is arrogant, judgmental, ill-informed, inexperienced, uncaring, reckless and self-centered. Another thing to really think about, you are engaging in a 3 to 5 year relationship with this attorney (and his or her office).
Life happens and circumstances change all the time for people. An event might change your financial situation a week after you file a Chapter 13 bankruptcy. Is your attorney going to be available to help you make the necessary adjustments?
You owe it to yourself to meet with one of our bankruptcy attorneys if you are contemplating a Chapter 13 bankruptcy. We won’t let you down! Request a Free Consultation and we’ll discuss your situation, offer options, and answer your questions.
