As the cost of living continues to rise and it gets more and more expensive just to pay for ordinary living expenses, many families are finding it impossible to make ends meet. Economic problems can be of your own making or the result of factors out of your control too. Rising gas prices, excessive mortgage payments and spiraling food costs are driving more and more people into bankruptcy. When you reach the point where you realize you need one of the bankruptcy lawyers, the attorney can seem like a white knight in shining armour!
The road to bankruptcy is usually slow and painful except in the case of a catastrophic financial situation such as incurring thousands of dollars in hospital bills or having a car accident that disables you. In those kinds of situations, you find yourself speeding towards bankruptcy. But in most cases, it takes years of debt mismanagement to reach financial disaster.
Bankruptcy attorneys specialize in the bankruptcy law. You need to use an attorney who is also an expert in the debt laws for your state. Each state has its own set of credit laws that must be followed even in the federal bankruptcy proceedings. That means you should choose one of the bankruptcy attorneys carefully so that you get the best representation possible.
Bankruptcy lawyers provide a very personal service. By the time you reach the stage of bankruptcy there's a good chance you have already been dealing with harassing creditor phone calls and billings. Many people experience the agony of discovering their wages have been garnished which only aggravates the problem. Your attorney can put a stop to all of these collection activities so that you are able to step back and reassess your financial situation.
The interesting fact about bankruptcy lawyers is that they prefer to not file a bankruptcy. This may seem like a paradox, but bankruptcy alternatives are always considered first. Filing bankruptcy is a major life decision ranking up there with divorce and moving out of town in terms of stress. Yet a bankruptcy gives such financial relief.
Attorneys specializing in bankruptcies can assist individuals by determining whether a chapter 7 or a chapter 13 is the right filing. A chapter 7 is a total liquidation bankruptcy and a chapter 13 is a repayment plan. When you choose an attorney, you should make sure you choose one that is experienced because each situation is different. When this white knight comes riding into your life, you will know it when the harassing phone calls stop almost right away.
Once you file a bankruptcy, the attorney will take care of almost all other steps in the process. He or she will file the court forms, answer trustee questions and contact any debtors who continue their abusive collection efforts. Contacting bankruptcy attorneys is your best route towards a brand new financial future.
Bankruptcy laws are very clear about when you can and cannot file bankruptcy. Because of so much misuse of the bankruptcy proceedings in the past, the laws were revised in 2007. In effect the new law made it more difficult to file a chapter 7 than in the past, but once qualified, you no longer have to lose absolutely everything. The law recognizes that people in a severe debt situation need to start with a clean and manageable slate. Losing your home and the car you use to drive to work can only make the situation worse.
As a result the bankruptcy laws now allow people to keep their home and primary cars in many situations. The personal bankruptcy laws are defined under chapter 7 or chapter 13 while businesses can file a chapter 11. The laws vary, of course, depending on which type of bankruptcy applies to your situation.
When you file a bankruptcy it is almost as if a magician performed magic. The credit calls will stop and any financial collection activities are suspended by law. The mortgage company stops threatening foreclosure on your house and the credit card collection companies stop contacting you almost immediately. Even if you do get something in the mail or a phone call, all you have to do is notify your attorney who will make sure the law is followed. You will experience almost immediate relief because now your bank account or other benefits you may be receiving are not under threat of unannounced seizure.
The new bankruptcy laws require that you go through credit counseling which can be done online if you prefer. For a small fee you go through a process which analyzes your current financial status and works through a budget plan that you can follow in order to recover from the bankruptcy as quickly as possible. You also want to learn all you can to avoid having this situation ever happen again.
Bankruptcy laws provide clear rules about which assets you must list and how to value those assets. The value in some cases is replacement value which is normally retail value. You must past a “Means Test” before you are allowed to file for bankruptcy. The “Means Test” determines your true financial status and whether you can pay any of your debt. It then indicates which chapter you qualify under for filing purposes if you meet the Means Test minimum standards.
Bankruptcy laws cover a number of situations. The laws define exempt property, eligible debts that can be included in the bankruptcy filings, payment of creditors, liquidation of assets and a number of other topics. Because of the many bankruptcy law interpretations that must be made throughout the process, it is recommended that you use an attorney if at all possible. The attorney will insure you meet the requirements of the law and that you also get the greatest relief permissible.
Filing bankruptcy is a serious business that should only be undertaken when there seems to be no other options. Though the new laws are tougher than the older laws, the fact is that they do not hinder legitimate consumers and businesses from getting the relief they need.
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