The Role of the Attorney in a Bankruptcy Estate


The role of the attorney in a bankruptcy estate is to meet with the debtor and gather information and decide if it is beneficial to file bankruptcy. If the decision to file is made, the attorney helps the debtor decide which Chapter to file. The attorney then files the petition in the Bankruptcy Court on behalf of the debtor. Once the petition is filed; the attorney prepares the debtor for the First Meeting of Creditors and appears with them at this meeting. The attorney handles any communication with the debtor’s creditors for the debtor after filing the petition. If after filing, the debtor discovers they left an asset, creditor or other information off the original petition; the attorney files an amended petition to show this information. The attorney appears on the debtor’s behalf at any hearings related to the bankruptcy estate. The attorney may also help the debtor to file reaffirmation agreements with the Court, and advise if the debtor should reaffirm a debt. In the case of secured property, that is not an asset of the estate; the attorney can help the debtor make arrangements to surrender the property to the creditor