Home: Bankruptcy Strategies for Managing a Pro Bono Attorney

How a Pro Bono Bankruptcy Attorney & Government Help Stop Foreclosure

The following comments explain how to manage a pro bono bankruptcy attorney effectively and use government help to stop foreclosure. With only 30 days to prepare, great results are available for little or no cost.

A notice of foreclosure is never welcome. Homeowners typically pay their mortgage and utility bills as a priority. If you receive a notice of intent to foreclose, consider it an urgent call to action. You must take decisive action quickly to save your home. Fortunately, many people discover that a pro bono bankruptcy attorney is available locally without charge. Further, the clerk of the court can waive the filing fee. Yet these two steps alone do not assure a good result. You should use due diligence to prepare. You should actively participate with your free bankruptcy lawyer during all phases of your case to receive a full measure of the legal rights guaranteed by law.

Locating Pro Bono Bankruptcy Attorney Directories and Referral Sources

Local Bars Offer Pro Bono Bankruptcy Attorney Help

Finding a pro bono bankruptcy attorney is not difficult if you are persistent. You may need to spend several hours calling several different sources in your local area. You may find the following free resources for finding a pro bono bankruptcy attorney helpful:

state bar associations
county bar associations
local bar associations (city, practice specialty)
legal aid foundations
legal aid clinics
state and county social service agency information centers

(Note – Homeless shelters typically maintain an impressive list of free sources providing local services. Typical free services provided by state and local governments include legal, medical, dental, food, clothing, shelter, transportation, education, disabled person needs, substance abuse counseling, protection from spousal or parental abuse, and many others.)

Owning a home does not disqualify any person from receiving free legal representation or social services. Likewise, having a job, owning a vehicle, and maintaining a checking account balance do not automatically disqualify anyone in need.

Types of Government Help to Stop Foreclosure and Cover Expenses

Government Help to Stop Foreclosure Can Be Automatic

A pro bono bankruptcy attorney may enforce the automatic stay provided by federal law. The combination of a free lawyer and the automatic stay is a powerful form of government help to stop foreclosure that is widely available for little or no cost. No creditor may safely ignore the automatic stay or continue collection efforts after receiving notice of filing.

After filing, government help to stop foreclosure continues. In most state jurisdictions, homeowners have at least 30 days to bring payments current after a creditor posts a notice of sale. In a few states, the time allowed to cure default is less than 30 days.

A period of 30 days is sufficient for most people to begin preparing to file either Chapter 7 or Chapter 13 and find a pro bono bankruptcy attorney. Just because representation is free does not automatically mean that representation is inferior. Quite the opposite is true. Some the best and most talented lawyers in communities across the country actively participate in free legal clinics as a public service. Top lawyers in large metropolitan areas frequently perform pro bono work with a high degree of dedication. However, there is a practical limitation on representation provided. Free services are in high demand.

Best Realistic Results for Little or No Cost and Keep Your Home

There is no such thing as perfect case for debtors, creditors, trustees or the court. In reality, all cases land somewhere on an infinite shade of gray. Legal aid lawyers typically provide all necessities for filing Chapter 7 or Chapter 13. Be aware however, that demand for legal aid is at least 5 times as great as the supply of lawyers available.

Because of the urgency of demand, few legal aid lawyers have the luxury of providing detailed explanations of all opportunities and options available to debtors. These lawyers must dispose of many cases quickly and efficiently yet never get ahead of the demand.

A typical pro bono bankruptcy attorney will provide the following services free of charge:

Analyze your financial condition, net worth, and nature of your debts.
Recommend a course of action.
Prepare a petition and related schedules.
Request a waiver of the filing fee and file your case with the clerk of the court.
Advise you of your responsibilities.
Send notice letter to your creditors.
Accompany you at the 341 meeting with your creditors.
Accompany you at all hearings.
Advise you when your case is closed.

To receive better results using a pro bono bankruptcy attorney, take the lead in planning your case:

Calculate the means test yourself before talking to a lawyer.
Familiarize yourself with your rights, opportunities, benefits, options and alternatives.
Ask specific questions.
Make your preferences known.
Be prepared to make recommendations and specific requests.

Take action early to prepare yourself. You can influence the chapter 7 bankruptcy means test and qualify for Chapter 7 if you allow sufficient time. You can make sure all of your assets are exempt. With as little as 30 days from the date of a notice of foreclosure, you could be well on your way to collecting maximum benefits with little or no cost.

How long does bankruptcy last? If you prepare well, you will glide through the system in as little as four months and avoid all problems yet charge off all debts completely.

The easiest way to prepare to use a pro bono bankruptcy attorney is provided in the Bankruptcy Strategies Manual. Keeping your home with government help to stop foreclosure is easy when knowing what, when and how to ask for assistance.

To begin preparing today see: Prepare to Retain a Pro Bono Bankruptcy Attorney