The #1 problem facing Arizona bankruptcy lawyers and their clients.

Many people ask me whether being an Arizona bankruptcy lawyer is depressing.  It is true that I hear many horror stories and tears every day from potential clients.  I sometimes feel I am more of a “talk therapist” than a lawyer, and I am fine with that because I want to reassure distressed clients  that we can fix their problems.  Bankruptcy is one area of the law that I can use my skills to directly help people and companies.  Most debtors and creditors are good people and companies.  The “cast of characters” involved in bankruptcy includes collegial lawyers, trustees and judges.  It is a very fulfilling way to make a living.

But some bankruptcy clients do not provide accurate and timely information in order for their lawyers to do their job effectively and efficiently.  In my humble opinion, this is the number one problem an Arizona bankruptcy lawyer tries to minimize.  If you don’t remember anything else about bankruptcy, remember this:  Always listen and do exactly what your lawyer says.  And do it in a timely fashion.

When I meet with a client, I provide what I call “the mother of all questionnaires”.  This is not something the client can fill out while sitting in my office.  I usually advise a client to spend at least 2 weeks filling out the questionnaire.  For example, debtors must list all of their debts, addresses and account numbers for each creditor, the value of all of the property they own and an itemization of their income and expenses.  Any reduced legal fee that I am willing to charge presumes one basic thing:  the client must provide accurate and timely information directly into the questionnaire, along with any additional documents that I require (such as tax returns, bank statements, mortgage and vehicle statements, credit reports and pay stubs).  This is not easy, and it takes time.  I always tell my clients to pretend they are being audited by the IRS when they are completing my questionnaire.  That is the kind of detail I need to effectively represent the client.

The bankruptcy code is very complicated and requires debtors and creditors alike to hire a reputable Arizona bankruptcy lawyer.  The lawyer must also have some familiarity with other legal specialties, including estate planning, real estate, family law and rules of evidence and procedure.  Every single bankruptcy document must be filed in good faith with extreme care and accuracy.  The goal of a competent Arizona bankruptcy lawyer is to analyze all problems and do all of the necessary work before the bankruptcy filing so that once the  papers are filed with the court, the rest of the process will be “smooth sailing” and as pain-free as possible.  This can only happen if the client provides accurate and timely information to the lawyer.  Otherwise, complications will arise that will be expensive to fix.  After filing, it may even be impossible to fix them.

This is why you hire a good Arizona bankruptcy lawyer instead of going to a document preparation service.  I am not saying this just because I am a lawyer.  Unlike using a document preparation service or filing complicated bankruptcy papers yourself, a lawyer will help you avoid stepping into a minefield.  And I guarantee you that the mines will explode if you do not proceed with care and caution.  As one local bankruptcy judge frequently says to debtors representing themselves in his courtroom:  “You have the absolute right to represent yourself in your bankruptcy.  Just like you have the absolute right to do your own open heart surgery.”

Remember:   garbage in equals garbage out.