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What is the role of the attorney for a consumer debtor in a chapter 7 case?

 

The debtor's attorney performs the following functions in the chapter 7 case of a typical consumer debtor:

  1. Analyze the amount and nature of the debts owed by the debtor and determine the best remedy for the debtor's financial problems.
  2. Advise the debtor of the relief available under both chapter 7 and chapter 13 of the Bankruptcy Code, and of the advisability of proceeding under each chapter.
  3. Assemble the information and data necessary to prepare the chapter 7 forms for filing.
  4. Prepare the petitions, schedules, statements and other chapter 7 forms for filing with the bankruptcy court.
  5. Assist the debtor in arranging his or her assets so as to enable the debtor to retain as many of the assets as possible after the chapter 7 case.
  6. Filing the chapter 7 petitions, schedules, statements and other forms with the bankruptcy court, and, if necessary, notifying certain creditors of the commencement of the case.
  7. If necessary, assisting the debtor in reaffirming certain debts, redeeming personal property, setting aside mortgages or liens against exempt property, and otherwise carrying out the matters set forth in the debtor's statement of intention.
  8. Attending the meeting of creditors with the debtor and appearing with the debtor at any other hearings that may be held in the case.
  9. If necessary, preparing and filing amended schedules, statements, and other documents with the bankruptcy court in order to protect the rights of the debtor.
  10. If necessary, assisting the debtor in overcoming obstacles that may arise to the granting of a chapter 7 discharge.

The fee paid, or agreed to be paid, to an attorney representing a debtor in a chapter 7 case must be disclosed to and approved by the bankruptcy court. The court will allow the attorney to charge and collect only a reasonable fee. Attorneys must collect all of their fee for work done prior to filing before the case is filed.

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