Chapter 7 Bankruptcy Lawyers serving Bangor, Maine 04401. Chapter 13, Foreclosure, Debt Settlement


ME Bankruptcy InformationFinding a Bankruptcy Lawyer
in Bangor, Maine

Residents of Bangor and Penobscot County will want a bankruptcy attorney that is familiar with filing cases in the Maine District Bankruptcy Court, and has experience with the trustee that will be appointed to your case.

Legal Aid serving
Bangor, Maine

If your income is low, you may be able to get bankruptcy representation through your local legal aid organization.

Listing of free legal services in Maine from Legal Services Corporation.

Listing of bankruptcy pro bono programs in Maine from ABIWorld

(Current income guidelines to qualify for legal aid.)

Directories of Bangor, ME Bankruptcy Attorney Advertising

Here are a few selected websites that offer directories of attorneys that serve Bangor, ME and Penobscot County. Not all attorneys list on all directiories, so we offer a choice here, and make it convenient to access the widest possible selection of Bangor, Maine bankruptcy lawyers.

Justia.com's Bangor Lawyer Directory

Started by original FindLaw founder and "free law" pioneer, Tim Stanley, Justia.com has localized listings & profiles of attorneys that have been listed on lawyer directories services,including Nolo's and Cornell University's LLI project.

NACBA Attorney Finder

Type in your zip code to find bankruptcy attorneys in your area who are members of the National Association of Consumer Bankruptcy Attorneys (NACBA).

Nolo Lawyer Directory of Bangor Area Bankruptcy Attorneys

Nolo offers lawyer profiles and asks the attorney whether they're open to the idea of working with people who have read up on the subject of bankruptcy.

Ten Ways a Bankruptcy Lawyer Can Help You

There is no requirement to use a lawyer to file for bankruptcy. However, some people decide to hire one to help them get through the process.

Although I write self-help law books, I realize that -- when it comes to complex forms, tight deadlines, and piles of details -- not everyone is cut out for do-it-yourself law.

Whether you're a good candidate for doing it yourself, depends on the complexity of your financial situation, and your willingness to take the time to learn the rules of bankruptcy and complete work carefully, and on time, and meet all filing requirements and deadlines. (If you're not the type of person that is willing to follow instructions carefully, then self-help bankruptcy is probably not for you. For more discusion, see the help topic: Do I Need Lawyer?)

Indeed, there are many ways that a lawyer can help you in filing for bankruptcy. Here are at least ten ways that come to mind:

  1. Help you classify exempt property.
  2. Help answer issues about debt and expenses on the means test.
  3. Help decide whether bankruptcy is the best solution for your particular situation.
  4. Help you organize all of your relevant financial details into the appropriate forms.
  5. Help you meet all filing requirements and deadlines for the Maine District Bankruptcy Court.
  6. Help you analyze whether you qualify for lien avoidance (and decide when to use it)
  7. Help you untangle complicated property ownership issues with jointly-owned property and divorce.
  8. Help decide if a Chapter 13 bankruptcy is the right option for you.
  9. Help you write a Chapter 13 plan that the trustee assigned to your case will accept.
  10. Give you local knowledge about what your trustee generally allows when it comes to "reasonable" expenses.

Like tax law, bankruptcy is a specialty. Someone claiming to be a bankruptcy lawyer should be able to point to experience and deep knowledge of the specialized law of bankruptcy, and specifically, your local court.

Most bankruptcies are routine for someone who has done many of them. Chances are very good that an experienced bankruptcy attorney has seen your situation many times before. The lawyer you choose should be able to advise you on the best way to proceed with your bankruptcy given your assets, your debts, your secured debts, whether there are cosigners, and other issues.

If you're going to pay for a bankruptcy lawyer, make sure you get a good one. Just because someone is a lawyer does not mean they are knowledgeable about bankruptcy law. Do your homework before you hire someone.

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Using Non-Lawyers (Bankrupty Petition Preparers) to help you

See this article on Should I use a Petition Preparer.

Credit Counseling & Debtor Education

Before you file for bankruptcy, you must get credit counseling, and get a certificate proving that you have done so. You MUST use one of the approved counseling agencies for your court district.

There are many shady credit counseling agencies that advertise heavily on TV and other media. They call themselves non-profit, are really just fronts for profit making businesses and are designed to funnel people into dead-end payment plans that do little for the consumer. Indeed 40% of the industry has been targeted by the IRS to remove their non-profit status [NPR Report] [SFGate article].

The FTC has published a "Consumer Alert" pamphlet for debtor thinking about bankruptcy warning about shady credit counselors and how to protect yourself from falling victim to one. You can download the pamphlet here.

Again, be sure to use only a credit counselor that is on the approved list of counselors for your court district.

Even assuming you're using a legitimate credit counselor, a recent GAO report to Congress stated that:

"The value of the credit counseling requirement is not clear. The counseling was intended to help consumers make informed choices about bankruptcy and its alternatives. Yet anecdotal evidence suggests that by the time most clients receive the counseling, their financial situations are dire, leaving them with no viable alternative to bankruptcy. As a result, the requirement may often serve more as an administrative obstacle than as a timely presentation of meaningful options."
- source: Government Accounting Office testimony before the House Subcommittee on Commercial and Administrative Law, May 1, 2007

Form Preparation Services (BPPs)

Bankruptcy Petition Preparers are non-lawyers paid by consumers to prepare bankruptcy documents, for filing in court.

Anyone can be a BPP, provided they comply with the rules governing BPP practice contained in the bankruptcy code.

Customers who use a BPP are representing themselves in the bankruptcy court. This means they are responsible for making the choices required of them in their case. They must also provide the BPP with complete and accurate information to be entered in the documents.

Because BPPs are not lawyers, their customers must obtain necessary legal information and advice from an independent source such as a self-help law book or a lawyer.

Think of it this way, A BPP's customers are their own lawyers and the BPP is their legal secretary. The customers have to be sufficiently informed to tell the BPP what to do.

What BPPs Can't Do

Lawyers have jealously guarded their turf when it comes to bankruptcy. Lawyers already lost this battle in the area of tax preparation. Today, non-lawyer tax preparers openly advertise the good advice they can give you in addition to completing your forms. BPPs can do no such thing when it comes to bankruptcy forms.

Under the new bankruptcy law, BPPs must give debtors a form that lists all the things BPPs can't do (form B19), and all the topics they can't discuss -- basically anything that might be characterized as legal advice. Thus, the sort of tips that tax preparers commonly give to people when preparing their taxes, BPPs can't give when bankruptcy forms.

 

What BPPs can't do
(language of Form B19)
Plain English Where topic
is covered in HFB Book.
I am forbidden
to offer you
any legal advice, including advice about any of the following:
  How to File For Chapter 7 Bankruptcy (HFB book) will not give you specific advice, either, but it does discuss important facts to consider in making these decisions:
• whether to file a petition under the Bankruptcy Code (11 U.S.C. § 101 et seq.); Whether you should file for bankruptcy Ch. 1
• whether commencing a case under chapter 7, 11, 12, or 13 is appropriate; What kind of bankruptcy you should file for Ch. 1
• whether your debts will be eliminated or discharged in a case under the Bankruptcy Code; Which debts are non-dischargeable, secured, etc. Ch's. 9, 5
• whether you will be able to retain your home, car, or other property after commencing a case
under the Bankruptcy Code;
Whether you'll lose your house, car, or other property Chs. 3, 4, 5
• concerning the tax consequences of a case brought under the Bankruptcy Code; Tax consequences Not covered
• concerning the dischargeability of tax claims; Whether or not your tax debts will be wiped out Ch. 9
• whether you may or should promise to repay debts to a creditor or enter into a reaffirmation
agreement with a creditor to reaffirm a debt;
Which secured loans are worth hanging onto, versus other options (e.g. surrendering property) Ch. 5
• concerning how to characterize the nature of your interests in property or your debts; or Whether property is exempt
or
into which exemption category a particular item fits
Ch. 3, 4
• concerning bankruptcy procedures and rights.
What happens in bankruptcy; what are your rights Whole book

 

Online Bankruptcy Filing Advertised to Consumers

There are several software products designed for lawyers that will prepare full sets of bankruptcy forms, but these programs assume you already know bankruptcy law and are designed for filing multiple bankruptcies. In short, they're not appropriate for first-time bankruptcy filers.
There are also a few packages purportedly offered for consumers. Proceed with caution. Some of these packages are little more than PDF versions of the forms, which are are available free from the courts themselves.
If you are not a lawyer, the only value of these products would depend on the quality of the instructions they provide. You'll need instructions on how to complete each form, as well as a good understanding of how each form fits into the larger process of filing for bankruptcy.

 

So-Called "Full Service" Companies - Proceed with Caution

Some companies tout themselves as "full service" to distinguish themselves from companies that only offer forms preparation. But they do not appear to be lawyers, so, by law, all they can do is forms preparation. Therefore it is unclear what "full service" actually includes, or what it CAN include under the strict guidelines preventing non-lawyers from providing bankruptcy advice.

Note that similar services to these have been found by courts to be BPPs and therefore subject to BPP fee limits and service limitations. To the extent that these services charge more than such limits, and the "advice" they give (by deciding where your information should go on the bankruptcy forms), may exceed what is allowed in your court district.

"Software" for consumers -- or is it?

Standard Legal ($49). This "software" is actually a zip file of MS Word and PDF forms that you can use or fill in. The merchant's website does not say whether local forms are included and whether or not forms do any calculations. This does not appear to really be "software" but rather a package of MS Word and PDF forms. (Note: before you pay for PDF bankruptcy forms, remember that PDF, fill-in bankruptcy forms are downloadable for free from the government, your local bankruptcy court website, and here .) So what you're really paying for is the instructions that come with the forms.

Step-by-Step Guidebooks to the Bankruptcy Process

How to File for Chapter 7 BankruptcyHow to File for Chapter 7 Bankruptcy

Before spending hundreds of dollars on bankruptcy services, take the time to learn about what's involved in filing for bankruptcy, and determine exactly the kind of help you need. Nolo's How to File for Chapter 7 Bankruptcy (17th ed., 2011) walks you through the law and procedures of filing for bankruptcy, explains what bankruptcy can -- and can't -- do for you, and tells you how to get the most from your bankruptcy lawyer if you decide to hire one.

 

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Is bankruptcy right for you?

Total Bankruptcy can connect you with a bankruptcy attorney near you. Fill out the evaluation form or call (877) 257-9043.

Welcome, users of Nolo's

How to File for Chapter 7 BankruptcyHow to File for Chapter 7 Bankruptcy

LegalConsumer.com helps you find local information and services to help you file for bankruptcy.

If you don't own the book, you can still use this site and the free means test calculator.

18th edition, 2013

Buy or download now @
Nolo (publisher)

  • Takes you through the process of filing bankruptcy.
  • Explains the impact of the new bankruptcy laws.
  • Provides step-by-step instructions for preparing and filing official bankruptcy court forms.
  • Alerts you to situations that require a lawyer's help.

In Paperback and eBook (Adobe Reader)
Pub. Date: Oct 2013
Edition: 18th
Pages: 440 pp
ISBN:9781413319378
Forms: 13 forms

Buy & download now @
Nolo (publisher)

Chapter 13 Bankruptcy:
Keep Your Property & Repay Your Debts Over Time

(12th edition, 2014)

Chapter 13 Bankruptcy
Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? Consider Chapter 13 bankruptcy, which can give you an affordable repayment plan -- and let you keep your house, car and other property.

In Paperback and eBook (Adobe Reader)
Pub. Date: May 2012
Edition: 11th


Chapter 13 Bankruptcy: Repay Your Debts

The New Bankruptcy: Will It Work For You? (New Bankruptcy)

The new bankruptcy by Attorneys Leon Bayer & Stephen Elias.

Is bankruptcy the right solution for your overwhelming debts? Pick the best strategies for your situation with the information and practical suggestions in The New Bankruptcy. Find out:

  • if you qualify for Chapter 7 bankruptcy
  • how Chapter 13 repayment plans work
  • how bankruptcy affects credit

File for bankruptcy with confidence!

In Paperback and eBook (Adobe Reader)
Pub. Date: May 2013
Edition: 5th
Pages: 394 pp
ISBN: 9781413319040
Forms: 27 forms

Buy this Book: Nolo (publisher's site)


The New Bankruptcy