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Critical Reasons to Hire an Experienced Bankruptcy Attorney

If you are experiencing financial distress and are unsure of your options, an experienced bankruptcy attorney can provide critical advice and assistance. Filing for bankruptcy allows you to make a plan to repay your debts or discard them altogether. You may be able to start over by liquidating your assets and repaying your debts, or you may need to get help for your financially protected business. These are four reasons why hiring a lawyer helps in deciding the best course of action to tackle your debt.

1. Help With Complex Laws and Filing Options

The laws surrounding the insolvency process are complex and varied and can be difficult to navigate without a legal professional to guide you. The filing process alone can be very complicated, and making the right choice on how to file could have a permanent impact on the rest of your life. When it comes to individual filing options, Chapter 7 is faster but has a cutoff on income, while Chapter 13 typically involves a 5-year payment plan. Choosing between the two can be confusing; for example, if you attempt to file for Chapter 7 as an individual, but your income is above the annual limit, you will need to take a test that relies on your expenses and income. This test can be difficult if you don't have legal advice because it isn't based on your current income or your actual expenses. An experienced bankruptcy attorney can help you make the right decisions and will counsel you on whether Chapter 7 or Chapter 13 would be better for your particular situation.

2. Familiarity With Paperwork and Trustees

While technically you are allowed to file your own papers, most people who aren't familiar with the process don't know how to fill out the paperwork correctly and provide the required information. If you file without any legal help, and the trustee assigned to your case follows up by requesting additional information in order to confirm the claims you made in your documents, a bankruptcy attorney can be a valuable resource who knows exactly what information the court needs. One of the worst mistakes you can make is to provide incorrect paperwork and not know how to fix your errors.

3. Help With a Formal Court Hearing

Depending on which way you decide to file, you may be required to go to court and present your case before a trustee on multiple occasions. It is important to consider if you would be able to represent yourself or if you need a lawyer to handle proper courtroom procedures and etiquette. Experienced legal counsel would guide you through the process and handle the formal courtroom procedures with ease.

4. Assistance With Creditors

Creditors are required to stop calling and harassing you once you've hired a bankruptcy attorney. If they fail to halt the harassing calls after you've hired a lawyer, they will be violating the Fair Debt Collection Practices Act, which was created to eliminate abusive practices used in the collection of debts. Thus, hiring an attorney will ensure that you endure less harassment during your bankruptcy proceedings.

Facing your debts can be overwhelming, but with the help of an experienced lawyer, you should be able to resolve your issues quickly and efficiently.

A bankruptcy attorney has the ability to guide you through the entire process of filing for bankruptcy. In the process of looking for the skilled professional, you want to find someone who you are comfortable discussing your private financial matters with, an expert in their field and will quote a fair price. Here are a few things to consider in the process of finding a skilled bankruptcy attorney:

Make the initial contact

There are several ways to get in touch with a bankruptcy attorney, including online directories, colleagues and friends. If you feel comfortable doing so, a recommendation from a colleague or friend is a great way to find a reliable professional.

It may be worth visiting official sites like the National Association of Consumer Bankruptcy Attorneys (NACBA) and the American Bar Association (ABA). They are likely to include the type of lawyers that meet the required standards to provide a high level of service.

Try to get in touch with two or three attorneys and make sure to arrange an initial conference to discuss your situation and ask relevant question to make sure they are right for your needs.

Finding a specialist that has deep knowledge of this specific area of law is essential to achieve the best result, and avoids issues like a missing a deadline or not filing a form that could lead to a case being thrown out.

In the process of interviewing the attorney's make sure to ask questions related to their background and what specialized training they have completed. If they are able to provide proof of their knowledge, such as a certification issued by the American Board of Certification then this will indicate they know how to handle a bankruptcy case. Try to find out the number of similar cases handled in the past. Also, a respected attorney has the ability to give guidance on other options, such as credit counseling.

Cost of services

The cost of the services quoted by the bankruptcy attorney is certain to be a major consideration. A Chapter 7 filing is likely to cost less than a Chapter 13. The most basic Chapter 7 case may start at about $500, but will increase depending on what is involved. However, the more complex cases related to Chapter can reach $6,000 or more. It is important to get an idea of the attorney's fee structure at the first meeting to make sure they are within your price range.

Discover more about the importance of hiring a bankruptcy attorney, and other useful details, such as everything you need to know about chapter 7 bankruptcy.

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Why You Need a Bankruptcy Attorney

If you've found yourself sinking in debt, bankruptcy can start to look like an attractive option. Yes, you will lose credit and assets, but you will also be able to pare down your debt and get relief from harassing creditor calls. Some people try to file bankruptcy without the help of a lawyer, but there are some very good reasons why you shouldn't attempt that.

Bankruptcy Law is Complex
First off, there are several different types of bankruptcy: Chapter 7 and Chapter 13 for individuals, Chapter 11 for businesses, and Chapter 12 for farm owners. Knowing which type of bankruptcy to file for is imperative. Too many individuals who try to go it alone end up filing for the wrong chapter, which results in the loss of valuable assets or in some key debts not being discharged.

A bankruptcy attorney can advise you on the type of chapter that fits your situation the best. He will also be able to inform you of potential tax consequences and asset losses you will face. For example, will your house and car be taken in the bankruptcy or will you be able to keep them? A bankruptcy attorney might be able to help you exempt certain assets, such as your house, from being taken.

No one besides a lawyer is allowed to give you legal advice. If you're trying to do it on your own, you'll have a difficult time getting answers.

Bankruptcy Forms are Complex
Have you ever tried to fill out a legal form? It's complicated. In a bankruptcy, it's easy to miss required forms that affect your case. There may be up to 20 forms that you need to file. Chapter 11 bankruptcies for businesses are especially complicated.

A bankruptcy attorney can show you how to fill out forms or even fill them out for you. In the legal world, if a form is filled out incorrectly or is missing information, it can hurt your case. It can cause your case to get dropped or subject you to fraud charges, in the event that the bankruptcy trustee finds out that you left out information. Everything you state on a bankruptcy form is filed under the penalty of perjury. It's serious business.

Bankruptcy Procedures are Complex
When you're navigating bankruptcy court by yourself, you're responsible to read up on the proper procedures. Which form do you file first? Where do you submit your forms? How soon do you need to file them? Have you met all the eligibility requirements? Yes, you'll need to qualify to file bankruptcy.

Self-filed bankruptcy cases frequently get dismissed due to administrative errors-failing to file the right forms in the right time frames, failing to provide documents, failing to show up at the meeting of creditors, failing to make payments on a Chapter 13 plan, and more. A bankruptcy attorney will keep you on your toes.

Bankruptcy is a last-ditch option to resolving an insurmountable financial crisis. While it's not an easy process by any means, it will be much easier with a lawyer at your side.

Money that you've earned is better off in your pocket. A qualified bankruptcy attorney can turn a horrible word like bankruptcy into a breath of fresh air for your financial woes. Remember that filing isn't necessarily a bad thing for people who need it, as the process was created to provide relief.

The Different Types of Filings

Chapter 7 is beneficial for debtors that qualify and want to keep covered properties in exchange for manageable monthly payments. Almost all debts are completely wiped out. Debtors cannot legally contact you to make collections.

Chapter 13 is a court mandated payment plan for all financial problems, giving you three to five years to pay all debt back using new income. You have to pay back a portion of your debt, calculated by how much money you have available and how much you owe, back to creditors. With Chapter 13, there is more responsibility for repayment and continuing payment after the plan. This qualifies for both minor and major settlements.

Chapter 11 and 12 are used for businesses, allowing them to continue to operate without any harm to the business. This is beneficial on many fronts and happens more than you think. The latter is for farmers or commercial fishermen, allowing them to make payments on the season when it is more advantageous.

Student Loans and Tax Debt

Student loans and tax debt are both hard to eliminate. In court, you would have to prove 'undue hardship,' which means that you are completely unable to maintain the lowest standard of living if required to pay back tax debt or student loans. An example of undue hardship is if you become disabled.

Asking Questions That Matter

You cannot just claim bankruptcy; you have to go to a court and petition before a judge. A bankruptcy attorney can help you navigate this complicated process, ensuring the best possible outcomes. Many people are under the impression that bankruptcy will ruin their credit score. However, an attorney will tell you that the bankruptcy will remain on your credit report for ten years but will help you start rebuilding your credit almost immediately. A bankruptcy attorney can also help you keep your house. These laws are federal regulations, and cases are brought to federal courts, not state courts. Many states, however, have homestead exemptions that allow you to keep your house. A professional can help you interpret the laws in your state to protect your home and financial future.

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