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  • Writer's pictureBrian D. Shapiro

Why Should You Hire My Firm to Help You File Bankruptcy?

When I focus on that question, I ask myself, would I want my mother to be represented by my firm? The answer is a resounding yes. The reason that my firm is special is because each person that we represent is treated respectfully and provided sound legal advice just like the way I would treat a family member. We focus on your particular issue. We examine your entire financial situation. We provide you with advice as to your financial need. We have the bankruptcy experience and knowledge. I personally spend the time needed to discuss everything with you so that you are fully informed about the bankruptcy process.

As a bankruptcy trustee and attorney, I have been involved in over 15,000 cases and each case is unique. For instance, even though you may be in debt, it may not be necessary to file bankruptcy. If your sole income is social security and have very limited assets, then I would inquire as to what is the underlying reason you want to file bankruptcy because it appears that you are uncollectable. Even if a creditor obtained a judgment against you, such creditor could never collect. So why spend your social security funds on an attorney? Clearly there could be reasons, such as, you are tired of being harassed and you want to be free of debt. That is a legitimate reason. On other hand, you may not care about the creditor harassment and bankruptcy may not be the correct decision.

We also focus on your prior financial transactions. Two of the most common causes of actions in the bankruptcy area is called a preference and a fraudulent transfer. A preference is a unique cause of action which permits a bankruptcy trustee to recover a payment you made to a relative within one year prior to filing bankruptcy and within 90 days to a nonrelative for an old debt. For instance, if you repaid a relative within one year of filing bankruptcy, a bankruptcy trustee can file suit against your relative to recover the funds. Can you imagine filing bankruptcy, getting your discharge, and then finding out that your relative has pay the bankruptcy estate the money that you paid them prior to filing bankruptcy?

A fraudulent transfer is not typically “fraud”. It can be a situation in which you pay or transfer something to another person without receiving any consideration in return. For instance, did you gift or transfer to a friend/relative a significant amount of money or property (i.e., a car or an interest in a home) within 4 years prior to filing bankruptcy without receiving anything in exchange. If you have done so, then it is possible that whoever received such transfer may face the agony of being sued by a bankruptcy trustee.

I hate to say it, but I see this all the time with other law firms who do not do an adequate job in examining their client’s financial situation. It is extremely important to have someone on your side and will do the work to examine your own particular financial situation.

At the Law Office of Brian D. Shapiro, we lend a hand to help you get a fresh start. Give us a call! Set up a free appointment and I will discuss your financial situation with you. Our number is 702-386-8600.

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