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05 Feb, 2011 by Sharon
Mr. Skokan walked me through this process with total respect. He made feel at ease and made me feel safe from further harassment. He was referred to me from a family member who was referred to her by her son. I will now refer him to a close member of my late sister's family, to give him the same peace of mind.
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12 Jun, 2022 by Anonymous
DISAPPOINTING experience with Mr. Stokes. We were already prepared with exhibits, etc... for a trial & we hired him mainly to expedite court procedures. It took months longer than we expected, as he had no filing or mediation actions until months later, 2 days before our scheduled hearing. And he was hired for legal advice (he rarely responded to emails or phone messages). And, he was paid to honor our requests. Instead, he scolded our requests, argued, & did what he wanted. We reached out to him several times, letting him know the stress of waiting for a discussion with other party was causing our family much unneeded anxiety. He didn't seem to get our priority & he never responded & never kept his initial promise. He didn't even do any court doc. filings, the other party's lawyer did the drafting. Regarding the drafted order, we had no time to review & it was emailed to us, night before our trial. Order humored the other party's lies (other party is still defaming us on social media!). We signed last minute order just for "dismissal purposes". Although, it defeated the purpose of us showing our innocence & proving other party's purgery & abuse! For a family lawyer, Mr Stokes sure didn't seem to understand family needs. He got paid thousands of dollars for doing not much.
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07 Jul, 2015 by Anonymous
I retained Sean Stokes to represent me on a contempt charge resulting as a backlash from a divorce settlement. Upon paying a $5000 retainer, I discussed some additional items that I needed to be brought before the Judge: some monies owed to me, property that wasn’t returned as ordered in arbitration and an issue with a loan my ex put in my name after the Decree. The Court date had already been set for 8 week later. During those 8 weeks, I attempted to reach Mr. Stokes by phone 7 times (documented) and additional attempts by email. It was not until the evening before my Court date Mr. Stokes returned my call to state that none of my issues would be brought before the Judge at this time as he had not filed a motion.
The next morning as we arrive to the Courthouse, Mr. Stokes had none of my paperwork nor exact facts and numbers available for the hearing. After the attorneys met in chambers, a settlement was reached in the conference room, however, when Mr. Stokes read the agreement on record, he misspoke. Even though I tried to correct the error while in the courtroom, the official settlement, which I did not agree to, was approximately $100 less per month for the next 10 years. Alot of money!
Shortly thereafter, I received my bill stating that all $5000 (approximately 17 hours) was used up. When I requested for an outline of how I could have possibly been billed $5000 when we were in Court just a few hours and never spoke until the evening before, I was only provided a general summary, never my requested itemization.
I was not only disappointed with Mr. Stokes’ responsiveness, but his follow through and accuracy.
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21 May, 2015 by Anonymous
I retained Mr Stokes for assistance shortly after I received divorce papers. Mr. Stokes encouraged me to mediate my divorce rather than going before a Judge. While this recommendation may have been appropriate, the execution of my mediation was less than focused. As we went through with opposing counsel and agreed upon a parenting schedule and the splitting of larger items (investments, house etc..) it was the lack of focus on the smaller items that has ended up costing me thousands and thousands of dollars in a few short years. It began with simply over valuing the vehicle I was keeping (he simply guessed at it’s value), leaving out topics that should have been discussed, and inconclusive wording which ended up sending me to Court.
Even though opposing counsel wrote the Decree to contain our agreements for our review, our approval was required before it could be submitted to the Judge. There was high conflict around the area of the children’s sports and those fees, this topic was not discussed in mediation nor included in the Decree. When I asked about it, I was told the Judge wouldn’t address it anyway if we went to Court and it was in my best interest to sign the Decree and move forward. As a result, I am responsible for all the fees associated with activities for all of the children because the father did not agree in writing to assist and he has chosen not to. I have retained another attorney to assist me with some Property issues stemming from the Decree and he was appalled that the activities topic was not discussed and completely absent from my Decree. This topic should absolutely be talked about and addressed in writing in the Decree.
When the Decree was received for review there was an area of medical reimbursement, which was very sensitive to my situation. It was important this area had very tight specific wording to protect me financially. I approached Mr. Stokes multiple times concerning this wording wanting more detail to be included; he stated the broad categories listed in the Decree draft covered all my concerns. Fast forward one year later and I am in Court seeking reimbursement for the exact items I had concerns over.
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What a Bankruptcy Lawyer Can Do for You
A bankruptcy lawyer specializes in helping individuals and businesses manage overwhelming debt by filing for bankruptcy or exploring alternatives to bankruptcy. They guide clients through the complex legal process of discharging or restructuring debts, represent them in court, and work to protect assets such as homes and cars. Bankruptcy lawyers can also help stop creditor harassment, wage garnishment, and foreclosures through bankruptcy protections.
If you're facing financial hardship, a bankruptcy lawyer can help you decide whether filing for bankruptcy is the right option and assist you through the legal process.
When Should I Hire a Bankruptcy Lawyer?
You should consider hiring a bankruptcy lawyer in the following situations:
- Unmanageable debt: If you're unable to pay your bills and debts are piling up, a lawyer can help you explore options such as Chapter 7 or Chapter 13 bankruptcy.
- Foreclosure or repossession: If your home is at risk of foreclosure or your vehicle is in danger of being repossessed, a bankruptcy lawyer can help you use bankruptcy protections to prevent this and potentially reorganize your debts.
- Wage garnishment: If your wages are being garnished, filing for bankruptcy can stop garnishments and allow you to regain control of your finances.
- Creditor harassment: If creditors are constantly calling or sending collection notices, a bankruptcy lawyer can stop these actions by filing for bankruptcy, which enacts an automatic stay that halts collection activities.
- Small business debt: If your business is struggling with debt and cannot meet financial obligations, a lawyer can help you file for Chapter 11 (reorganization) or Chapter 7 (liquidation) bankruptcy.
- Medical debt or credit card debt: If you have large amounts of unsecured debt like medical bills or credit card balances, a bankruptcy lawyer can help you seek relief through Chapter 7 or Chapter 13 bankruptcy.
Hiring a bankruptcy lawyer early in the process can prevent further financial damage and help you choose the best legal option for debt relief.
What Does a Bankruptcy Lawyer Do?
A bankruptcy lawyer provides a range of services to help individuals and businesses handle their debts. Their responsibilities often include:
- Evaluating your financial situation: Assessing your income, assets, debts, and expenses to determine if bankruptcy is the right option and which type of bankruptcy (Chapter 7, Chapter 13, or Chapter 11) best suits your situation.
- Filing bankruptcy petitions: Preparing and filing the necessary documents to initiate your bankruptcy case, ensuring that all legal requirements are met.
- Stopping creditor harassment: Once the bankruptcy case is filed, an automatic stay is enacted, which stops creditors from pursuing collection efforts. A lawyer ensures this protection is applied immediately.
- Representing you in court: Representing you in court proceedings, including meetings with creditors and any hearings related to your case.
- Negotiating with creditors: In Chapter 13 or Chapter 11 bankruptcies, negotiating a repayment plan that restructures your debts and allows you to manage payments more effectively.
- Advising on asset protection: Guiding you on how to protect certain assets, such as your home or retirement savings, through available bankruptcy exemptions.
- Explaining the impact on your credit: Informing you about how bankruptcy will affect your credit and advising on steps to rebuild your credit post-bankruptcy.
How Are Bankruptcy Lawyers Paid?
Bankruptcy lawyers typically charge for their services in different ways depending on the complexity of the case and the type of bankruptcy being filed. Common payment structures include:
- Flat fee: Many bankruptcy lawyers charge a flat fee for handling Chapter 7 or Chapter 13 bankruptcy cases. This fee usually covers the entire process, from preparing and filing paperwork to representing you in court.
- Hourly rate: For more complex cases, such as Chapter 11 bankruptcy (often used by businesses), some lawyers charge an hourly rate. Hourly rates typically range from $150 to $500 or more.
- Retainer: In cases where ongoing legal services are required, such as in Chapter 11 bankruptcies or complex Chapter 13 cases, a lawyer may request a retainer, which is an upfront payment billed against as the lawyer works on the case.
It’s important to discuss fees with your lawyer upfront, as bankruptcy law requires lawyers to disclose all fees and ensure they are reasonable and fair.
How Much Does a Bankruptcy Lawyer Cost?
The cost of hiring a bankruptcy lawyer varies depending on the type of bankruptcy and the complexity of the case. General cost estimates include:
- Chapter 7 bankruptcy: For individuals, legal fees usually range from $1,000 to $3,500. This flat fee generally covers the entire process.
- Chapter 13 bankruptcy: For individuals filing Chapter 13, legal fees typically range from $2,500 to $6,000. This cost is higher because of the additional work required to create and manage the repayment plan.
- Chapter 11 bankruptcy (for businesses): Chapter 11 bankruptcy is more complex and usually more expensive, with legal fees ranging from $10,000 to $50,000 or more, depending on the size of the business and the complexity of the debt restructuring.
- Filing fees: In addition to legal fees, there are also court filing fees, which are $338 for Chapter 7 and $313 for Chapter 13 as of 2024.
Always ask for a detailed cost estimate during your consultation to understand what services are included and whether payment plans are available.
Top Questions to Ask a Bankruptcy Lawyer
Before hiring a bankruptcy lawyer, it’s important to ask key questions to ensure they have the experience and knowledge to handle your case effectively. Key questions to ask include:
-
What experience do you have with bankruptcy cases?
Ensure the lawyer has experience handling cases similar to yours, whether it's Chapter 7, Chapter 13, or Chapter 11 bankruptcy. -
How do you charge for your services?
Clarify whether the lawyer charges a flat fee or hourly rate, and ask for a detailed breakdown of costs, including filing fees and additional expenses. -
Which type of bankruptcy is best for me?
Ask the lawyer to explain whether Chapter 7, Chapter 13, or Chapter 11 is the best option based on your financial situation and long-term goals. -
What debts can be discharged?
Ask which of your debts will be forgiven through bankruptcy and which debts (such as certain taxes or student loans) may not be dischargeable. -
How long will the process take?
Bankruptcy cases can take time to resolve, so ask the lawyer how long they expect the process to last, from filing to discharge. -
Will I be able to keep my assets?
Ask if you will be able to keep important assets, such as your home or car, and what exemptions might apply. -
What happens after bankruptcy?
Ask about the impact of bankruptcy on your credit score and what steps you can take to rebuild your credit after the bankruptcy is finalized.
How to Check the Credibility of a Bankruptcy Lawyer
To ensure you are hiring a reputable bankruptcy lawyer, follow these steps to verify their credentials and track record:
- Verify their bar status: Check with your state bar association to confirm that the lawyer is licensed to practice law and has no history of disciplinary actions.
- Look for bankruptcy experience: Review the lawyer’s website or professional profile to ensure they specialize in bankruptcy law and have successfully handled cases like yours.
- Read client reviews and testimonials: Look for client reviews on platforms like Avvo, Martindale-Hubbell, or Google to see what previous clients have said about the lawyer’s professionalism and ability to handle bankruptcy cases.
- Ask for references: A reputable lawyer should be able to provide references from past clients who have worked with them on bankruptcy matters.
- Check for certifications or memberships: Look for lawyers who are members of organizations such as the National Association of Consumer Bankruptcy Attorneys (NACBA) or who have specialized bankruptcy law certifications.
What Should I Prepare for My First Consultation?
To get the most out of your first consultation with a bankruptcy lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:
- List of debts: Prepare a detailed list of all your debts, including credit cards, personal loans, medical bills, and any secured debts such as mortgages or car loans.
- Income and expense records: Bring documents that show your current income, such as pay stubs or tax returns, and a list of your monthly expenses, including rent, utilities, and other essential costs.
- Asset information: Provide information on any assets you own, such as your home, car, investments, or other valuable property.
- Credit reports: If possible, bring copies of your credit reports to give the lawyer a clear view of your financial situation.
- Questions for the lawyer: Prepare a list of questions you have about the bankruptcy process, the lawyer’s fees, and what to expect after filing for bankruptcy.
By preparing thoroughly for your consultation, you can help the lawyer assess your situation more effectively and provide the best possible legal advice tailored to your needs.
