QUESTION

What are the responsibilities of a bankruptcy attorney?

Asked on Oct 25th, 2013 on Bankruptcy - New Jersey
More details to this question:
I want to know what the job of the bankruptcy attorney is because mine won't even ask for the note deed or title to prove this company has a right to collect.
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9 ANSWERS

Bankruptcy Attorney serving Oakland, CA at Elkington Law
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That is a tough question because what an attorney will do in a case, may vary from attorney to attorney. What an attorney is required to do is stated in your Rights and Responsibilities document that you signed and was filed with your bankruptcy. Generally, it is the debtor's responsibility to provide the attorney with information regarding their debts. An attorney has no absolute responsibility get a copy of your note or deed of trust, unless possibly a claim was filed and it is incorrect and then possibly they have a duty to get a deed of trust.
Answered on Nov 11th, 2013 at 5:37 PM

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Not sure what you are asking relative to a note or deed but your attorneys duties depends in great part what is in the retainer agreement that he/she committed to do.
Answered on Oct 29th, 2013 at 7:42 AM

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The bankruptcy attorney has to review the debtor's assets and liabilities and make sure that the debtor qualifies to file the case. The attorney has to represent the debtor during the case and appear at all hearings.
Answered on Oct 29th, 2013 at 7:33 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Are you speaking about a mortgage loan? A Deed of Trust document is only necessary in some situations such as: 1) there is a dispute as to whether a certain debt is owed and secured by the property 2) there can be a lien avoidance in the case because there was an involuntary lien (like abstract title) placed on the property and there is sufficient exemption to remove the lien and the client wishes to and realistically can retain the property post bankruptcy 3) it's a chapter 13 case that will involve a lien strip because the property's value is below the current balance of senior lien(s) and the property is a primary residence of the debtor. One thing I can direct you to as far as reading something about obligations is the actual form that is filed as part of the petition schedules in your bankruptcy case that describes rights and responsibilities of the debtor and the attorney.
Answered on Oct 25th, 2013 at 5:54 PM

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Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
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To work in the best interests of his or her client.
Answered on Oct 25th, 2013 at 3:09 PM

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Richard hirsh
Your question is a bit too brief to answer. . Are you in a chapter 13 or chapter 7? It would not seem too germaine in a chapter 7. In a chapter 13 it might come into play. Without more information I cannot comment.
Answered on Oct 25th, 2013 at 3:04 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Unless you are filing a Chapter 13, your bankruptcy attorney is not responsible to ask your creditors to prove you owe money. Your bankruptcy attorney is to obtain a discharge of all debt you may owe. If you want to prove that you own your real estate free and clear and that your mortgage is no good, you will want to hire a real estate attorney.
Answered on Oct 25th, 2013 at 1:51 PM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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The responsibilities of a bankruptcy attorney are defined in your contract with the attorney. There is a lot of competition for Chapter 7 and Chapter 13 cases, even from non-attorneys, which has led attorneys to charge flat rates to represent clients in a Bankruptcy petition. So, if you are filing for Chapter 7 protection, the attorneys will charge a flat rate to discharge your debt. Since liens go through Chapter 7 bankruptcy unscathed, there is little point in figuring out who the correct deed holder is in a Chapter 7 petition the person claiming to be the entitled to collect from you and the bank claiming to own the loan are listed and the attorney may check certain boxes or add some description to make clear that you dispute that such creditor is the actual note-holder. In the end, though, since the lien will survive the Chapter 7 and there is no limit on the amount of debt you can discharge in a Chapter 7 case, listing such creditors is enough as even if you get them wrong, the effect would be the same in most scenarios that is, the lien would survive. In a Chapter 13 case, attorneys usually do the same because the Courts in many districts specify flat amounts debtors' attorneys can charge for a basic Chapter 13 case and most attorneys will give you only what the Courts require you them to give you for such flat rate. If you want to challenge who owns the note and/or litigate it, which you have standing to do in a Chapter 13 case but must ask the Court to give you standing to do in a Chapter 7 case, attorneys will require a separate contract or separate terms specifying exactly what they will do. What you will also find is that since this area of litigation is constantly changing and developing and has been very frustrating to home owners' attorneys in the past, there are very few bankruptcy attorneys who bother to master it and you must find an attorney who specializes in that area. Such attorneys may be employed in your case as special counsel for the sole purpose of pursuing that litigation.
Answered on Oct 25th, 2013 at 1:50 PM

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General Law Attorney serving Cherry Hill, NJ at Mark S. Cherry, Attorney at Law, PC
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A normal bankruptcy does not include a forensic audit on a note or mortgage.
Answered on Oct 25th, 2013 at 12:41 PM

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