Expert: Terry Leeders - 11/14/2007

Question
Mr. Leeders,

My brother, an attorney operating a one-man firm in New Jersey, is 100% sure he's going to have to file for bankruptcy ASAP.  Personal or business bankruptcy, I don't know for sure.  He has a house and a separate office building for his law office.  

Two questions, please.  (1) Will filing for bankruptcy cause him to lose his license to practice law?  I realize each state bar is different, but if you could offer some general comments about how that impacts an attorney's chance of debarrment, I'd appreciate it.  (2) My brother is asking me to pay for his bankruptcy attorney fees.  This has me wondering, how does a person who needs bankruptcy usually come up with his attorney fees?  As you can imagine, all this is causing incredible family strife.  I understand your comments are not legal advice but for educational and informational purposes.  Thank you in advance.

Answer
He will not lose his license to practice law.  I've filed cases for other attorneys.
We offer payment plans at our firm for clients to pay the fees.  We usually tell clients to stop paying the debts that will be discharged in the case, and refer them to the attorney.  Your brother should seek out a bankruptcy attorney as there is a lot to factor in if he has his own practice.  The bankruptcy laws changed that make it very complex, so he should seek an attorney who just practices bankruptcy.  hope that helps.