Bankruptcy is a frightening process for most people. Although, you can file bankruptcy without the help of an attorney, most people find the process is arduous. The petition must be completed without errors or it will be rejected. In addition, the maze of schedules and forms is confusing.
The new bankruptcy law is more complicated and has new requirements. For example, to be eligible to file Chapter 7 bankruptcy, you must pass a means test. In addition, the court requires that you also seek debt counseling before filing.
A Bankruptcy Lawyer will complete all the required documents and file the bankruptcy petition on your behalf. In addition, your attorney will help you determine which type of bankruptcy is best for your situation.
What is most confusing to people is states have bankruptcy exemption laws. These laws govern assets that are exempt from bankruptcy proceedings. If you have property that does not fall within the exemptions, you may want to file Chapter 13 instead of Chapter 7 bankruptcy. An attorney will evaluate your financial situation to determine the appropriate bankruptcy.
The added benefit of hiring a lawyer is you can direct all creditors to contact your attorney. Once your attorney has filed the petition, creditors must cease all collection activities.
When choosing a lawyer, it is best to select a lawyer who specializes in bankruptcy law. Most attorneys offer a free consultation. He or she will review your case and discuss your options. In addition, you attorney will discuss the fees associated with filing bankruptcy.
Filing bankruptcy is a personal decision; however, an attorney will help you objectively evaluate your circumstances. Your attorney will explain the entire process in detail. You will know exactly what to expect once your petition is filed. The attorney’s fees are worth the peace of mind knowing you have someone who will be there every step of the way. To receive your FREE BANKRUPTCY EVALUATION complete the form below:
The Role Of A Chapter 7 Bankruptcy Lawyer?
If you have chosen to file bankruptcy, you can choose to file on your own. Filing bankruptcy does not require an attorney. Individuals can download the required Voluntary Petition and instructions at the Federal court website. However, people quickly discover that filing bankruptcy is actually not that simple. As you read the instructions and review the documents, you may realize filing bankruptcy on your own may not be the best choice. Hiring a Chapter 7 Bankruptcy Lawyer is the best way to file bankruptcy.
Filing bankruptcy is an emotional and stressful experience. Most people feel ashamed they have to file. In addition, it is a life changing event. While bankruptcy does provide relief from debts, it also remains on your credit history for ten years.
Many people simply do not want to go through bankruptcy alone. Hiring an attorney provides more than legal guidance; it provides comfort and a sense of security during such a difficult time. Experienced bankruptcy attorneys understand the emotions associated with filing bankruptcy.
A Chapter 7 Bankruptcy Lawyer will handle the preparation of all required documents and file your petition with the courts. In addition, the attorney can evaluate your case to determine if you pass the required means test. From start to finish, your lawyer will be with you every step of the way.
You can save money by filing for bankruptcy on your own; however, figuring out the bankruptcy requirements and rules is a tedious and time consuming process. In addition, if you have any questions it is difficult to find the correct answers. Hiring an attorney will alleviate much of the stress of filing bankruptcy on your own. In addition, an experienced attorney will prepare you for the process and provide answers to your questions. The first step is to set up a free consultation with an experienced bankruptcy lawyer.
The Role Of A Chapter 13 Bankruptcy Lawyer
Chapter 13 bankruptcy is complicated and has many rules. You need only to review the instructions provided by the Federal courts to know it is not a simple process. The required forms and documents seem like an endless paper chase. Knowing how to complete the forms is only half the battle. The Voluntary Petition is a misleading document. It is a two page form that appears easy to complete. Then you discover you must attach numerous schedules and additional documents. If you are filing Chapter 13, you will want to consider hiring a Chapter 13 Bankruptcy Lawyer.
It is particularly beneficial to hire an attorney if you are struggling to meet your mortgage or are headed toward foreclosure. An experienced bankruptcy attorney can help you keep your property when filing Chapter 13. In addition, your attorney will prepare all the required documents. He or she will explain the bankruptcy process in detail. You will be well-informed and will know what to expect during the process.
The greatest benefit of hiring a Chapter 13 Bankruptcy Lawyer is he or she will prepare you for the 341 meeting. This is a required meeting with the trustee and your creditors. In this meeting, you must present a repayment plan to your creditors. This is probably the most stressful aspect of filing Chapter 13.
There is little doubt that hiring an attorney to handle your Chapter 13 will ease the stress of filing bankruptcy. You will have numerous questions and concerns. An attorney will answer your questions and provide you with the necessary information to ease your concerns. Bankruptcy is an experience most people would love to avoid. However, millions of Americans face bankruptcy each year. It would be in your best interest to face Chapter 13 with an experienced attorney. He or she will help you devise a plan to become debt free within three years by filing Chapter 13.
The Average Rate For Bankruptcy Lawyer Fees
Once you have made the decision to file bankruptcy, you need to choose whether you want to file bankruptcy on your own, or hire the services of an attorney. For many people, coming up with the money to file bankruptcy is a struggle. The filing fee for Chapter 13 is $274. If you are filing Chapter 7, the filing fee is $299. This is a significant amount of money, and it is difficult for many people to save this amount to file bankruptcy.
For those who can afford it, the national average for Bankruptcy Lawyer Fees is $1,000 for Chapter 7 and $1400 for Chapter 13. Some attorneys will include the filing fee in their price. For example, many attorneys offer a flat rate of $995 for Chapter 7. If the attorney does not include the filing fee, then you must realize a Chapter 7 bankruptcy will cost you at least 1,299 if the attorneys fee is $1,000.
Very few attorneys will accept a payment plan. The majority will require that you pay the fee in full. Many attorneys will process your documents and have everything ready to file. Once you pay the fee, he or she will file your bankruptcy. With this option, you can hire an attorney and make payments on the fee. When you are paid in full, your attorney will proceed with filing the bankruptcy.
If you cannot afford an attorney, you can visit your local branch of Legal Aid for help. If you are in the category of low income, Legal Aid may provide free or discounted services. In addition, you may apply to the courts for an installment plan for the filing fee.
Most attorneys will offer a free consultation. During the consultation, the attorney will discuss his or her fees. However, many attorneys openly advertise their fee for bankruptcy cases.
Preparing For A Consultation With Your Lawyer Bankruptcy
Filing bankruptcy is a complicated process and requires that certain conditions must be met. Your consultation with the Lawyer Bankruptcy expert is an important beginning toward filing bankruptcy.
Before your consultation, gather a file of all your debts. Make sure the documentation contains the addresses of all your creditors. In addition, make sure you have documentation on the amount you owe each creditor and account numbers. All of this information will be included in your petition.
You will also want to include a list of all assets including personal property such as jewelry. You may have to estimate values on some personal property items. However, you want to have a reasonable dollar figure on all your assets. This is information your attorney must have in order to handle your case properly.
When you meet with your lawyer for the first time, you want to be prepared to supply accurate information and answer questions honestly. Your attorney is not in the business of judging his or her clients. However, your attorney will have to ask sensitive financial questions.
The first thing your attorney will accomplish in the consultation is to determine if you pass the required means test. Once that is determined, he will advise you to meet the requirement of credit counseling. This requirement must be met within 180 days of filing bankruptcy.
Remember your attorney is there to help you. Answer all questions as honestly as you can. Use your consultation time to ask any questions you may have. Based on your discussion and the type of bankruptcy you will need to file, your attorney will discuss his or her fee. In addition, your attorney will discuss the bankruptcy filing fee.
If you agree to hire the attorney, he or she will likely require payment up front before proceeding with your case.
Are Bankruptcy Lawyers Necessary?
According to the United States Bankruptcy court, Bankruptcy Lawyers are necessary for individuals to file bankruptcy. While lawyers may be necessary, they are not a requirement when filing individual bankruptcy. Unfortunately, it is rare for an individual to achieve success filing bankruptcy on his or her own.
Having the required forms and instructions to file bankruptcy is simply not enough. The courts will reject any petition that does not follow the bankruptcy law. Getting a petition rejected will delay your bankruptcy. In addition, many people have lost the right to file bankruptcy due to a misstep in technical procedure.
Many people are adept in completing the Voluntary Petition and supporting documents. However, they are not familiar with bankruptcy court rules and codes. This lack of knowledge can get your case dismissed.
Reading and learning the United States Bankruptcy Code is a daunting task. If you are faced with filing bankruptcy, it is recommended by the courts that you utilize the services of Bankruptcy Lawyers.
Once you discover the complexity of the bankruptcy laws, you will realize hiring an attorney is the best thing you can do. Many people scoff at the idea of paying an attorney over $900 for bankruptcy legal services. However, an experienced attorney knows the bankruptcy law and the court system. It is almost impossible for an individual to gain that kind of expertise to file his or her own bankruptcy.
While not required, Bankruptcy Lawyers are necessary if you want your bankruptcy filed properly. The Federal court strongly supports the use of an attorney to file bankruptcy. In fact, the court advises against self-representation in bankruptcy proceedings.
Filing bankruptcy is not as easy as many people would have you believe. Hiring an attorney to handle your bankruptcy is an important decision. You do not want your case to be dismissed by the court.