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  • Matthew Hartley

The History and Modern Practice of Bifurcation

For many consumers, prepaying a chapter 7 attorney fee is simply not an option. They should have immediate and affordable access to bankruptcy, without compromising the attorney's ability to get paid. This has led to the rise of $0-down bifurcated chapter 7 engagements.

The practice of bifurcation is backed by a 25-year history of case law that deals with the legality and ethics of offering a $0-down chapter 7. Bifurcation offers a practical solution to the increasing problem of low-income debtors’ inability to afford legal representation in chapter 7 bankruptcy. The case law strongly supports bifurcating chapter 7 engagement agreements and offering post-petition payment terms to debtors.

Dan Garrison, a national expert on bifurcation, wrote the article “Navigating the Confluence of Access to Justice and the Business of Law: The History and Modern Practice of Bifurcating Consumer Chapter 7 Cases.” Click here to read the full article and get a better insight into the history of bifurcation and the road map for legally and ethically offering a $0-down payment option.

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