Attorney’s Role In Bankruptcy

In most cases, the attorney’s role in bankruptcy is an indispensable part of filing for bankruptcy. A bankruptcy attorney has several functions throughout the process and can help a client determine the best courses of action. Bankruptcy is a very complex legal procedure and mistakes can have serious consequences. Even slight mistakes may cause a judge to dismiss the case or cause the person filing to lose important assets, such as a home or car. Experienced attorneys make sure that no mistakes are made and clients’ assets are protected to the full extent of the law.

Bankruptcy Attorney’s ROle is to Help You Understand The Bankruptcy Process

One of the most important functions of a bankruptcy attorney is explaining the bankruptcy process to clients. Before speaking to an attorney, most people have only a vague understanding of bankruptcy law. They know that it can help them eliminate debt, but they are not fully aware of the consequences and available options. Bankruptcy may not be the right decision in every situation. For some individuals, debt settlement may be more beneficial, and most bankruptcy lawyers can start such a program. Not everyone is aware that individuals have a choice of two different types of bankruptcy: chapter 7 and chapter 13. Both types have different sets of benefits, but one is almost always a better choice over the other when considering an individual’s specific situation. We even have zero down options.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is sometimes referred to as straight bankruptcy, but it is also known as liquidation bankruptcy. In chapter 7, the debtor agrees that his or her assets will be sold, and the proceeds will be split amongst the creditors. Certain personal assets are protected, such as a level of equity in a home, a personal vehicle and personal effects. Even if the value of the assets falls short of the money owed, the total debt is discharged. Chapter 7 bankruptcy usually only takes a few months, and it eliminates nearly all forms of unsecured debt.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is also known as debt adjustment bankruptcy. It is actually a form of debt consolidation mandated through the court. In chapter 13 bankruptcy, debts are consolidated and adjusted so that the debtor makes a single monthly payment for three to five years. At the end of the term, the debts are fully settled. This type of bankruptcy is very advantageous for those who have a steady income and assets they would like to protect.

Explaining the Bankruptcy Process

Bankruptcy lawyers handle every phase of the bankruptcy process. In chapter 7 bankruptcy, the process begins with an approved class for credit counseling. An attorney will set up an appointment for this to be done. Once it is completed, it is time to prepare the petition and supporting documents. In some cases, the petition can be up to 60 pages in length. After the petition is filed, creditors are barred from contacting a debtor. If a creditor does contact the debtor, an attorney can usually prevent that specific creditor from doing so again. The next step in the process is the meeting of creditors with the trustee. The trustee is in charge of handling the details of the bankruptcy case. It is the trustee that usually makes the decisions in a bankruptcy case because the judge rarely goes against the trustee’s recommendations. If any creditors object to the debt discharge, an attorney can defend a debtor’s position. After the meeting of creditors is settled, the debtor must take a financial management course before the discharge is complete.

Filing without an Attorney

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice. The following is a list of ways your lawyer can help you with your case. 

  •  Advise you on whether to file a bankruptcy petition.
  • Advise you under which chapter to file. 
  • Advise you on whether your debts can be discharged. 
  • Advise you on whether or not you will be able to keep your home, car, or other property after you file. 
  • Advise you of the tax consequences of filing.
  • Advise you on whether you should continue to pay creditors.
  • Explain bankruptcy law and procedures to you.
  • Help you complete and file forms.
  • Assist you with most aspects of your bankruptcy case.

Pro se litigants are expected to follow the rules and procedures in federal courts and should be familiar with the United States Bankruptcy Code the Federal Rules of Bankruptcy Procedure and the local rules of the court in which the case is filed. Local rules, along with other useful information, are posted on the court’s website and are available at the local court’s intake counter. Court employees and bankruptcy judges are prohibited by law from offering legal advice. Bankruptcy Forms are available to the public free of charge. • Use the forms that are numbered in the 100 series to file bankruptcy for individuals or married couples. • Use the forms that are numbered in the 200 series if you are preparing a bankruptcy on behalf of a non-individual, such as a corporation, partnership, or limited liability company (LLC). • Sole proprietors must use the forms that are numbered in the 100 series. Many courts require local forms. You should check your court’s website before filing any documents.

Non-attorney Petition Preparers

If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court. A petition preparer must sign all documents they prepare for you; print their name, address and social security on the documents; and provide you with a copy of all documents. They cannot sign documents on your behalf or receive payment for court fees.

 Free Bankruptcy Consultation

Get experienced bankruptcy help from one of our attorneys. We have successfully handled thousands of bankruptcy cases in Utah. We want you to be our next success story!


Kermit R.

I like these guys, they worked as a team to get my lawsuit resolved. As far as my divorce and child custody case, they know their stuff. I really wanted to settle quickly. It wasn’t as fast as I wanted, but it got done and I am so much happier for it.

George H.

Mike Anderson and Greg Lyle have really helped me with a real estate quiet title action. These guys know real estate law. If you are in South Jordan – you should see them for real estate litigation.

Tre G.

I want to thank you for assisting me through this difficult times of going through bankruptcy. I was at the hearing today. Mr. Weekes was there for me. I was scared, but he re-assured me. It went on smoothly. There was a time I became emotional, and started to sob quietly, and looked sad. I want to thank you again kindly.

Adam J.

[Ascent] Law was professional, helpful, and easy to work with. They kept us informed on what was going on and helped us to make sure we understood what was being done and what was expected of us. We were glad we chose them!

Stephanie M.

[Russell Weekes] helped me through my bankruptcy I was so nervous about my situation they were so great in answering all my questions. I recommend them to anyone they are fast and a professional team who care about there clients and what they are going through.


Russell and his team made my situation nothing short of amazing for the situation I was in.  All of my questions were always answered and I never was made to feel as if I was dumb to have gotten in the financial situation that I did. I have already referred a friend and would refer any family and friends to him and his team.

Dan D.

I had a great experience. The people were friendly and helpful. They went above and beyond to help me.

Tommy B.

Great service. I appreciate their kindness and making me feel at ease.


I highly recommend [Russell Weekes]. Filing Bankruptcy isn’t fun for anyone, and these guys were there for me every step of the way. I always got quick responses, they answered every question and put me at ease. I am extremely happy I chose them!

Tim F.

Everybody should go to [Ascent} should they have any bankruptcy matters at hand. They’re 100% legit, intelligent and friendly. They will do whatever it takes to see that your case is successfully discharged! They stay on top of it 100% of the way even if you get too caught up with lifes hurdles, they’re behind the scenes still steady at work for YOU!! (Their 1st priority). I fully recommend and support [Ascent] Law!!!

Aaron F.

I’m filing for bankruptcy right now and they have been great so far answering my questions and everything.


[Ascent] Law helped me out during a tough time. They took care of everything and were super friendly.

Aaron M.

If you’ve gotta go through the mess of financial bankruptcy, these guys are the best. My attorney as well as all of the paralegals and staff made going through hell much easier than I could have ever asked. Any questions I had they responded to immediately. They were always timely and gave me great legal advise. They aren’t the cheapest option, but the payment plans provided were unbeatable.

Justin T.

Great service. They answered all of my questions and made me free comfortable. The staff and attorneys are knowledgeable.

Annon Y.

I am extremely happy with [Ascent] Law. First, no one ever wants to be in a position to have to file for bankruptcy, but if you do, you need someone who knows what they are doing, and will keep you informed. I was very nervous that I wouldn’t pick the right lawyer, or we would end up with someone who just wanted to get paid, and left us hanging. Our lawyer has been AMAZING. He is always fast to respond to any of my questions, and is very good at making sure you understand what is happening, and that you are comfortable with the process.

The Perrys

Wonderful Attorney in Michael Anderson. Just what we were looking for in a Family Trust. Very knowledgeable, trustworthy, dependable, smart and kind. Recommend him or this law firm to everyone.

A Satisfied Client

My experience was unlike all of the stories one hears of attorneys. Mike and his team were absolutely spot on with their communication, follow-up, understanding and ultimately the results. They were aware of my budget and worked hard to keep me there.

I am truly appreciative of there complete caring and handling of my situation.

Jeffery L.

I want to take a moment and tell you about Michael Anderson – I will try to keep it short. Mike is not only a family man that is good to his wife and kids, but he is an amazing lawyer. I have learned that when you have to choose an attorney to fight for you and your child’s life in court, you should review the prior successes of the attorney. But honestly, not only did I need an aggressive pit-bull type of attorney, I also needed an attorney with a kind heart, someone that could handle an over-aggressive ex and also be caring to me. That’s exactly what Mike Anderson is. A caring family law attorney and also an aggressive advocate in court. I highly recommend Mike, Colt and Greg and all of their professional staff (I’ve spoken with all of them over this child custody dispute and divorce mess). Not only does Mike have the life skills of being a loving husband and father to his 3 kids, but he knows the law and is able to help you look forward and help you with the problems here and now. He’s good. Really good. Mike really helped me through this stressful time in my life. When it’s your turn to have to fight in West Jordan or Salt Lake (I’ve been in both courts) you better make sure Michael Anderson is on your side. If he’s on the other side – look out! Thanks for everything Mike.

Elise J.

My experience with [Ascent Law] was the most painless of all the many horrible things that a DUI charge will bring with it. The reason I say it was painless was because he knows exactly what he is doing. You know once you talk to him that this isn’t his first rodeo. [My attorney] has confidence in what he is doing witch really helped me during this hard time. This was not the case with other lawyers that I talked to. They told me things that I wanted to hear to try to sell me. That just made my situation worse and lengthened the process and cost. I had some priors so this wasn’t a simple case, but after hiring Mr. Rush he got everything worked out and he found flaws in the prosecution’s case against me. He found their mistakes and their missing information which made all the difference. Other lawyers don’t even read the reports but [My attorney] knew all the details. So, if you have criminal case, I give you my testimonial that he is professional, ethical, smart, and has a good team working with him and you never find yourself trying to track him down for stuff. I can’t tell you how happy I am. Thanks!!!”

Free Consultation