Raleigh Bankruptcy

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The Debtor’s Attorney

The debtor’s attorney represents the debtor in the bankruptcy case. The bankruptcy trustee represents the bankruptcy estate and the creditors as a group (the bankruptcy trustee does NOT represent the debtor). The debtor’s attorney’s role, includes, but is not limited to:

Pre-Filing

1. Advising Clients Concerning the Risks and Benefits of Bankruptcy;

2. Advising Clients Concerning Pre-bankruptcy Planning Issues;

3. Advising Clients Concerning the Timing of the Bankruptcy Case;

4. Advising Clients Concerning Their Responsibilities to the Court, the Trustee, the Bankruptcy Administrator, The  Creditors and The Auditor;

5. Advising and Assisting Clients Gathering of Information Necessary to File;

6. Preparation and Review of the Bankruptcy Petition Schedules of Assets and Liabilities and Statement of Financial Affairs;

7. Preparation of Form B22 (The “Means Test”) and Any Required Attachments;

8. Preparation of Chapter 13 Plan;

9. Filing of Case;

Post-filing (Chapter 7 and Chapter 13)

10. Submitting Required Supporting Documents to the Court, Trustee, Bankruptcy Administrator and Other Parties in Interest;

11. Submission of Certificates Concerning Credit Counseling and Financial Education;

12. Representation at the Section 341 Meeting of Creditors;

13. Representation at Section 2004 Examination, If Required;

14. Representation in Connection with Any Audit, If Required;

15. Representation Concerning Negotiation of Reaffirmation Agreements;

16. Preparation and Prosecution of Any Motions to Redeem;

17. Responding to Creditor Inquiries;

18. Preparation and Filing of Any Required Amendments;

19. Preparation and Prosecution of Any Motions to Compel Abandonment;

20. Preparation and Prosecution of Any Motions to Avoid Judicial Liens;

21. Review of and Objecting to Claims, If Necessary;

22. Preparation of Filing of Proofs of Claim, If Advisable;

23. Defense of Dischargeability Actions;

24. Defense Against Motions to Deny Debtor’s Discharge;

25. Preparation and Prosecution of Any Motions to Reopen Case;

Post-filing (Chapter 13 Only)

26. Preparation and Prosecution of Any Motions to Extend or Impose the Automatic Stay (For Repeat Bankruptcy Filings);

27. Responding to and Defending Against Motions to Dismiss;

28. Review of List of Claims Filed;

29. Responding to and Defending Against Motions for Relief from Stay;

30. Responding to Any Objections to Confirmation of Chapter 13 Plans;

31. Preparation and Prosecution of Any Motions to Value Collateral and Avoid Mortgages;

32. Preparation and Prosecution of Any Motions to Substitute Collateral;

33. Preparation and Prosecution of Any Motions to Sell Property;

34. Preparation and Prosecution of Any Motions to Purchase Property;

35. Preparation and Prosecution of Any Motions to Incur Debt;

36. Handling Insurance Inquires;

37. Preparation and Prosecution of Any Motions to Set Aside Dismissal of Case;

38. Preparation and Prosecution of Any Motions for Hardship Discharge.

While the above services are not required in all cases, the list is meant to demonstrate the importance of selecting experienced counsel. Mr. Berggren has practiced bankruptcy for over 24 years and has filed thousands of cases under chapter 7, 11 and 13.

Call today for your free consultation – (919) 875-8773.