What is all of the talk about bankruptcy these days? What a Los Angeles Bankruptcy attorney thinks
What is all of the talk about bankruptcy these days? Quite simply, it is the section of the federal law that will allow a person who is in an extreme amount of debt to get a "fresh start". It will reduce the amount of debt that is required to be paid back as well as extend the time period in which the debt must be repaid. Will you need a bankruptcy attorney to help you sort through all of this? The answer is a resounding YES and let me explain why.
The bankruptcy laws are often referred to by their chapter number in the Bankruptcy Code. Debtors may file under five different chapters; three of them are for individuals: Chapter 7, which refers to Liquidation, Chapter 11, which refers to Reorganization, and Chapter 13, which refers to Reorganization.
The laws have really changed in recent years as far as bankruptcy goes, and you are now required to sit through a course before you will even know if bankruptcy is the way you should and even can proceed. That's right, it is no longer YOUR choice about declaring bankruptcy; the judge must approve it. This will help to determine whether you can have your debts erased through Chapter 7 of the bankruptcy laws or whether you have to enter a type of repayment plan through Chapter 13. It is better to acquire the services of a bankruptcy attorney before deciding to blindly strike off on your own. When consulting with your bankruptcy attorney, he or she will make sure that you file all of the necessary forms to discharge the debt.
That is just one of the reasons you want a good and qualified bankruptcy attorney because if you make a mistake on those forms, your case may get thrown out and you are right back to where you started. Or you may mistakenly present yourself on the forms so that you only get approved for Reorganization instead of Liquidation, which means you still have all your debts.
There are a numerous ways that the new bankruptcy laws will have their effects on debtors:
* A strict financial means test must be taken that will not allow many debtors to file under Chapter 7.
* Debtors have to receive a briefing from a credit counseling agency that has been approved for this. The debtor must do this at least 6 months before filing a bankruptcy case.
* Debtors must also take a class that has been approved on debt management techniques before receiving their bankruptcy discharge. Yes, these two steps are mandatory, even though the majority of people who file do not do so because of financial mismanagement.
* It is now easier for a court to be able to dismiss a bankruptcy case altogether or convert a Chapter 7 case to a Chapter 13 case
* It is now permitted for a court to impose sanctions on lawyers or on debtors for filing a Chapter 7 case that either had been dismissed or was converted to a Chapter 13 case.
How can a Bankruptcy Attorney Solve Credit Problems?
Bankruptcy attorneys are lawyers that specialize in bankruptcy law. They provide legal means for an individual or a business to either wipe out debts or resolve them.
Bankruptcy attorneys explain to their clients the primary purposes and applications as to how the bankruptcy laws now specifically apply to them in their unique situation. They may give such pertinent information to their clients as to under what chapter they may file, what bills are allowed to be eliminated, the length of time that payments can be extended, the possessions that are allowed to be kept, and all of the other details concerning bankruptcy.
A bankruptcy attorney will properly present your case for Chapter 7, which involves liquidation and debtor rehabilitation, or Chapter 13 which is reorganization, which is probably not what you had in mind when you decided to file. This involves a court-approved plan of reorganization as well as payment of the debt over a certain time period using future earnings.
If you are on the fence as to whether you should hire a bankruptcy attorney, you are strongly advised to you do so. There are many stories, including a couple who had the misfortune of having to apply for bankruptcy and they thought they could file online. It turns out that they filled in the paperwork in the wrong way and consequently the debts that the wife had were left intact as they only filed singly and not jointly. Don't make that same mistake. You will be out attorney fees in the short run, but you will more than make it up when your debts are discharged.
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Many people who enter the bankruptcy process worry about the fate of their credit. This is actually unnecessary as the bulk of credit damage happens before the bankruptcy process is even initiated. While no one wants the added hassle of rebuilding their credit after resolving debt troubles, doing so can put you leaps ahead of others in the credit game.
Americans are now filing Chapter 7 or 13 Bankruptcy to get their debts under control. Bankruptcy in itself is designed for debt elimination. Chapter 7 bankruptcy functions to cancel out unsecured debt such as utility or medical bills, credit card, etc. Chapter 13 Bankruptcy on the other hand is designed to give individuals more time in repaying all their debts.
Filing for bankruptcy is good news whenever you are struggling with your credit card debt, mortgage or medical bills. Bankruptcy laws help families and individuals in their debt struggles. You have two options on how to deal with your debt problems, Chapter 7 (debt elimination) and Chapter 13 (reorganization). Always remember that you can regain credit again after successfully filing your bankruptcy.
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