The cost of hiring an attorney to represent you in a bankruptcy filing can be prohibitive if you are drowning in debt and have few liquid assets. Depending on your financial circumstances, you might be eligible for pro bono legal assistance at no cost from a variety of sources. Many law firms dedicate attorney time to aiding needy individuals. Additionally, law schools, attorney bar associations and legal aid societies provide free clinics and legal services to financially needy clients.
Research options for pro bono legal services in your area. Contact your state and county bar associations' lawyer referral networks. Many professional lawyer associations compile lists of attorneys who provide free legal services. You may also call the intake department of law firms in your city and ask for a referral for pro bono representation. Some law schools offer free student law clinics, which may be able to provide free legal services and guidance in your bankruptcy filings.
Collect documentation demonstrating you meet income guidelines required for free legal services. Legal aid societies and student clinics generally restrict free services to applicants whose income is less than 125 percent of federal poverty levels. Additionally, most attorneys will not offer pro bono representation to potential clients who are otherwise able to pay. In order to verify your eligibility, these legal service providers will likely request copies of recent pay stubs, previous year's federal tax return and a copy of your credit report.
Attorney Mark Scurti Lends A Pro Bono Hand To Those Facing Bankruptcy
Schedule an initial consultation with potential legal representatives. During this first meeting you should be prepared to answer questions about the reasons you want to file for bankruptcy and what you hope to accomplish. This meeting helps the attorney determine whether he is willing to offer representation based on your qualifications and the circumstances of your case. You may need to schedule meetings with several pro bono service providers since different providers may have different eligibility requirements.
Kevin Owen has been a professional writer since 2005. He served as an editor for the American Bar Association's Administrative Law Review. Owen is an employment litigator in the Washington D.C. metropolitan area and practices before various state and federal trial and appellate courts. He earned his Juris Doctor from American University.Just in time for 2017 National Celebration of Pro Bono Week, October 22-28, Lone Star Legal Aid, Texas RioGrande Legal Aid, and Legal Aid of NorthWest Texas, announce the launch of Texas’ new Bankruptcy Pro Bono Project. The result of more than a year of collaboration between LSLA, TRLA, and LANWT, this new project was designed in coordination with bankruptcy judges, trustees, and several experienced practitioners from all four Texas districts.
A major component of the project is a videotaped CLE. Calling the CLE video “spectacular” and “ground-breaking, ” U.S. Bankruptcy Judge Eduardo V. Rodriguez, of the Southern District of Texas McAllen Division, thanked the participants for their contributions to the project by saying, “It is my hope that your combined contribution will touch and change the financial lives of many underprivileged individuals in Texas for years to come.”
Bankruptcy Attorney Uses Pro Bono Work To Launch Debt Relief Foundation
In the U.S., many bankruptcies are triggered by life events such as illness, death, divorce, job loss, or disasters. The events are stressful and the resulting financial burden only exacerbates that stress. The physical and mental health of affected individuals and their families are negatively impacted. At the same time, legal aid funding is inadequate to permit legal aid organizations to handle many Chapter 7 bankruptcies. Instead, funds are directed toward situations that—without legal assistance—will lead to homelessness or unemployment due to loss of transportation. Meanwhile, individuals in their 90s who are living in nursing homes and have contacted legal aid for relief from debt collectors may not get the help they need, such as a Chapter 7 bankruptcy, due to a lack of resources.
To address this unmet need, Rodriguez helped secure gifts of $5, 000 from the State Bar of Texas Bankruptcy Section for each of the legal aid organizations. Pablo Almaguer, TRLA private attorney involvement coordinator; Bill Marple, LANWT director of pro bono and bar services; and Linda Good, LSLA directing attorney; agreed to pool the gifts to create a program with statewide application. Modeled after the successful Family Law Essentials program, the Bankruptcy Pro Bono Project includes a three-hour videotaped CLE (0.5 ethics) designed to train new practitioners to handle Chapter 7 bankruptcies on a pro bono basis. The program also includes a PowerPoint presentation, a welcome packet of forms, and contact information for experienced mentors. In addition, each of the organizations received grants from the American College of Bankruptcy Foundation that will provide free bankruptcy preparation and filing software to attorneys who attend the CLE. Attorneys may attend the CLE and receive all materials free of charge in exchange for a commitment to accept at least two Chapter 7 bankruptcies on referral from legal aid in the two years following the training.
The first session, “Panel I—Before the Filing, ” was led by U.S. Bankruptcy Judge Craig Gargotta, of the Western District of Texas San Antonio Division, and included Chapter 7 Trustee Catherine Curtis, Chapter 13 Trustee Stuart C. Cox, and attorney Abelardo Limon. This session trains the new practitioner on how to gather and analyze information to adequately assess clients’ needs, how to properly advise clients about Chapter 7 bankruptcy, and the mechanics of filing the case.
Pa Pro Bono
The next session, “Panel II—After the Filing, ” was moderated by U.S. Bankruptcy Judge Mark X. Mullin, of the Northern District of Texas Fort Worth Division, and included Chapter 7 Trustee Christopher Moser, and attorney Carol Cross Stone. The session discusses the duties of attorneys and clients once the case is filed, addresses special circumstances like language barriers, and includes a timeline for a Chapter 7 case.
The final session, “Panel III—Closing the Case, ” was led by Chief U.S. Bankruptcy Judge Bill Parker, of the Eastern District of Texas, and included Chapter 7 Trustee Corky Sherman, Chapter 7 Trustee Jose C. Rodriguez, and attorney John Grieger of LANWT. The final session covers reaffirmation agreements, the effect of discharge, and post-discharge issues.
LSLA will premiere the new CLE, for which MCLE accreditation has already been confirmed, on October 23, at a combined CLE/Client Clinic at Combined Arms in Houston.
Never Thought About Being A Bankruptcy Lawyer? Think Again
From left: Abelardo Limon, Corky Sherman, Judge Craig Gargotta, Catherine Curtis, Judge Bill Parker, Judge Eduardo V. Rodriguez, Carol Cross Stone, Judge Mark X. Mullin, Linda Good, Stuart C. Cox, Christopher Moser, and Jose C. Rodriguez. John Grieger is not pictured.Access to Justice Bankruptcy Pro Bono & Low Bono Attorney Panel FAQs Apply to Program Chapter 13 Low Bono Retainer Letter Chapter 7 Low Bono Retainer Letter Pro Bono Retainer Letter
According to court records and media reports, the Washington metropolitan area has a higher-than-average ratio of bankruptcy petitions, a significant portion of which are filed by Debtors without the assistance of an attorney. Unfortunately, these pro se Debtors create avoidable challenges for themselves and the other key participants in bankruptcy proceedings, including judges, trustees and creditors that are typically represented by counsel. Common, but avoidable, errors by pro se filers, routinely surface around standard bankruptcy forms, due process and key deadlines - some of which have statutory triggers that cannot be waived or excused. These avoidable challenges in turn lead to adverse outcomes for pro se Debtors. This situation is likely to become worse for local consumers due to the COVID-19 recession, particularly around housing and medical debt issues.
The Bar Association of the District of Columbia’s (“”) Bankruptcy Law Section established the Access to Justice Committee (“-ATJ”) in October 2020 to address the local access-to-justice crisis for consumers of modest means who are trying to navigate the U.S. Bankruptcy Court system and the complexities of bankruptcy law without the benefit of bankruptcy counsel under Chapter 7 (liquidation) or Chapter 13 (reorganization) of the U.S. Bankruptcy Code. The -ATJ’s mission is to work in collaboration with the U.S. Bankruptcy Court for the District of Columbia, as well as state and local legal services organizations, to increase access to counsel or direct legal assistance for consumers who either are unable to find affordable lawyers, or who otherwise need pro bono legal services in bankruptcy proceedings.
Arizona Bankruptcy Attorneys
Panel participation offers a unique opportunity for experience in bankruptcy court. Pro bono and low bono service has also proven to be very beneficial to newer lawyers and more tenured lawyers who are transitioning from the full-time practice of law. If interested, please complete an Attorney Panel Application and return it to the Bar Association of the Districtof Columbia, Attention: Najiba Hlemi, -ATJ Pro Bono Panel Coordinator ([email protected]).Go to Louisiana Law Help for information about court closings, evictions, unemployment issues, and other Covid-19 related legal issues. Southeast Louisiana Legal Services is operating a hotline at 844.244.7871. The hotline willhelp address legal issues faced by people whose legal problem is a direct result of COVID-19.
Volunteering is what makes The Pro Bono Project work. Open the doors—take a case, read our success stories, or help out at a clinic.
The Pro Bono Project has taken the lead in managing and recruiting volunteers for Self Help Resource Center (SHRC) at Orleans CDC and 24the JDC.
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