Content on this page requires a newer version of Adobe Flash Player.

Get Adobe Flash player

 
How much do you charge? Do you charge for an initial consultation?
  My fees vary depending on the matter I am handling for the client. I try to gauge that based on the best value for the client. For example, in some matters, a flat fee is the best option for a client; in others, I charge an hourly rate. In any case, we discuss the costs upfront so that there are no suprises later. Quite honestly, most of my clients find me to be very fair when it comes to fees and I have actually lost prospective clients because I was not charging enough (they drew a conclusion between cost and competency). At this time, I do not charge for an initial consultation. Until we discuss the matter, it is very difficult to tell you if I can help you. I personally don't feel comfortable charging someone a fee to tell them I can't help them. In return, I would ask that you respect my time and costs and not over burden my firm for free advice beyond the consultation.
   
I have read online that I can file bankruptcy myself. Why do I need a lawyer?
  I believe it was Clarence Darrow that said, "The man that represents himself has a fool for a client." I can think of no area of the law where that is more true than in bankruptcy. Under the law, a person can file bankruptcy for themselves without the aid of an attorney. A corporation cannot represent itself before the court. However, in either case, bankruptcy is a very complicated area of the law and in order to get the best protection and representation of your rights, I would urge you to hire an attorney to represent you in these matters. In my opinion, it will be money well spent.
   
What is the difference between Chapter 7, 11 and 13? Isn't all bankruptcy the same?
  There are volumes written on this topic and I have little chance of explaining it here. But basically, no, each chapter under the Bankruptcy Code is different. When you file a Chapter 7 petition, a trustee is appointed to try to maximize the return to your creditors. You are allowed to exempt some property but the remainder is used by the trustee to pay off your debts. In a Chapter 13, you are able to keep more of your property and in turn you must make payments to reimburse the estate for the property you are keeping. In a Chapter 11, you are your own trustee and you and your attorney work on a plan to pay your creditors which is approved by your creditors and the Court. A surprise to many people is that businesses file Chapter 7's and individuals file Chapter 11's. It is more dependant on the situation than the entitity. This is a vastly oversimplified explanation and you should speak with an attorney before making any decisions or conclusions.
   
What kind experience do you have?
 

I began my legal career while still in law school, working under North Carolina's two year practice rule which allows law students to practice law under the guidance of an attorney. I worked at the firm of Narron, O'Hale and Whittington in Smithfield, NC in the areas of criminal law, appellate work, taxation and business law. Upon graduation from law school, I stayed on with the firm as an associate until 2000. In 2000, I joined the US Bankrutpcy Administrator's Office in Raleigh, NC. I served as Senior Staff Attorney there for eight years representing the Bankruptcy Administrator in bankruptcies filed throughout the Eastern District during that time. This gave me the opportunity to work solely in bankruptcy unlike many private practice attorneys who must work in other areas to support their practice. At last count, I had participated in approximately 240 Chapter 11 proceedings and just under 400 bankruptcy proceedings. I am a board certified specialist in business and consumer bankruptcy law. I now represent both debtors and creditors before the bankruptcy court and am frequently called on to represent unsecured creditors' committees as well. I am proud to say that I have a good reputation among the bankruptcy bar and I am active in that community. I usually asked to speak on the topic of bankruptcy to fellow lawyers at least once a year and I have served as chairman of a committee on the Bankruptcy Counsel of the North Carolina Bar Association.

 
Click here to schedule your Free Consultation.