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John T. Turco & Associates, PC, LLO
Bankruptcy attorney in Omaha, NEReviews: 16 | Overal Rating: Average
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While I am unable to ethically discuss anyone's case in a public forum, I would like to suggest, in general, that bankruptcy law is very complex and even very slight changes as to the facts of a case can change our legal advice. We meet with each individual in person for an initial consultation and sometimes via phone or video conferencing. Significant information is asked of our prospective client. For example, how much income do you make, what type of assets do you own, such as a house, car, or other items that may have value. Then, there is “bankruptcy specific” information that we seek that the ordinary person may not think is relevant, but it IS! A few examples are: 1) Have you paid any friends or relatives back for a legitimate loan you had with them in the last year? Or, 2) Did you have any debt BEFORE buying the house that you live in? While these questions may not seem related to bankruptcy, they are!
At the end of this meeting, the attorney takes this information into consideration and then generally advises the prospective client as to likely choices that may be available. Not infrequently, we determine that NO bankruptcy should be filed. It may be unsafe or unwise to file or the timing just isn't right. Our focus is what is in the best interest of our clients, NOT what is best for our interests. When we take on a client, we absolutely provide the best legal representation to be found anywhere. Do a little research, read the blogs on my website and ask around or, even better, another attorney that you may know in the Omaha or Council Bluffs area of our reputation. I am highly confident that you will only hear good things.
Our clients tell us certain information at the consultation, yet this initial information needs to be verified. This is called "due diligence." Due diligence the right thing to do and it's also required by Federal law. Due diligence sometimes results in discovering facts that CHANGE THE ATTORNEY’S RECOMMENDATION. That doesn't mean the client meant to be untruthful with us, however, it is frequently just a "disconnect" in explaining to the attorney what his or her facts are or, as we are all human, sometimes the attorney may not catch a small detail that our prospective client was trying to relay. Due diligence reconciles any misunderstandings BEFORE a case is filed. Conversely, expecting an attorney’s initial impression to ALWAYS be correct before due diligence is completed is unreasonable. As a comparison, a doctor may not know what is wrong with a patient until medical tests are performed.
We will only take action that is in our client’s best interests, even if they want us to do otherwise. Therein lies frustration. If there is a risky choice to be made, the client must be FULLY aware of the risks involved, in writing, and after a complete briefing on what possibly could happen. Yet, from time to time, our client becomes very frustrated because we have to tell them news that they really don't want to hear. It's not their fault, necessarily, that we didn't have all of the details at the initial meeting; it is just part of life that sometimes things turn out to be different than expected.
I am passionate about quality and doing what is best for my firm’s clients. I welcome honest dialogue and exchanging ideas. In my 28 years of bankruptcy practice, I find that even clients who are disappointed because their initial expectation turned out not to be the right remedy, they at least understand the “why” to an answer. I assure you that there is a very logical reason for our opinions and we will explain each step of the analysis and, sometimes, why we will NOT do what our client may want us to do.
Bankruptcy is complicated and frequently dangerous if you are not familiar with the process. Please be safe and always know that I’m willing to offer my help, even as a second opinion.