You’re in serious financial difficulty. You’ve already exhausted all of your options with regard to mortgage, automobile, and student loan debt, but you have an additional 8 credit cards on the way. That’s the kind of situation I was talking about when we discussed how easy it is to get stuck without enough cash flow coming through even after all your other expenses are covered by hiring a bankruptcy attorney.
It sounds like this person has been struggling financially lately, mostly not making enough income compared with what they were earning before things started going south at their job or something similar happened which caused them to be unable to make timely monthly deposits. There are two types of bankruptcy individuals can file for: Chapter 7 or Chapter 13.
What is Chapter 7 bankruptcy?
Chapter 7 bankruptcy, more commonly known as liquidation bankruptcy, is a process through which you can be relieved of debt. This includes joint debts such as credit card bills and medical expenses. To qualify, you must pass a “means test.” This test will reveal whether your income is lower, higher, or at the median level when compared to others in your state. If your income is less than the median, you have qualified automatically.
If your earnings is beyond the median, you may still be capable to file for Chapter 7 bankruptcy if you demonstrate that your expenses make it impossible to repay your debts.
Once you’ve filed for Chapter 7 bankruptcy, a trustee will be allocated to your case. The trustee’s job is to sell any of your nonexempt assets and use the proceeds to pay off your creditors.
What is Chapter 13 bankruptcy?
A Chapter 13 bankruptcy is another name for a reorganization bankruptcy or sometimes referred to as a Wage Earner’s Bankruptcy. This type of bankruptcy enables the individual to spread out their repayments over three to five years. Once the repayment plan is completed, any leftover debt will be discharged.
To qualify for Chapter 13 bankruptcy, you must have a recurring income and unsecured debts less than $394,725. Your creditors must be repaid in full. To qualify, your debts must be less than $307,655.
In a Chapter 13 bankruptcy, also known as reorganization bankruptcy, debtors can keep certain assets that might be liquidated in other types of bankruptcies. These exempt items may include estate planning tools like homes or cars, as well as business inventory or essential household items.
How to Pick the Right Bankruptcy Lawyers
Do you need legal aid right now if you’re considering bankruptcy? If that’s the case, you’ll need to locate a competent bankruptcy lawyer to assist you through the procedure. What is the most effective approach to locating a bankruptcy lawyer? There is no definitive answer to this question. Some people may find the best possible way to find a lawyer through referral services or online directories, while others may prefer personal recommendations from friends or family members. Ultimately, the best way to find a lawyer will vary depending on the individual’s needs and preferences. There are lots of attorneys out there who claim to specialize in bankruptcy, so it can be tough to decide which one is right for you.
Carelessly choosing a bankruptcy attorney can have significant consequences for your future finances. Take the time to discover one that meets all of your demands. With the help of a reasonable bankruptcy attorney, you can get through this tough time and start fresh.
Where to Start when Looking for a Bankruptcy Attorney
The first step is to check with your state’s bankruptcy court for a list of suggested attorneys. Chances are good that the bankruptcy lawyer you’re looking for will be on this list. The next step is to check with the American Bankruptcy Institute, or ABI. The ABI is a national organization of bankruptcy lawyers. They have a “Find a Lawyer” tool on their website that can help you find an attorney in your area.
Another good resource for finding a bankruptcy lawyer is the National Association of Consumer Bankruptcy Attorneys or NACBA. The NACBA is also a national organization, but its focus is on consumer bankruptcy.
Once you’ve compiled a list of potential bankruptcy lawyers, the next step is to set up consultations with each one.
Ask for referrals
First, ask around for recommendations. Talk to friends, family, or colleagues who have gone through bankruptcy and see if they can recommend a reasonable attorney. Look online for bankruptcy attorneys in your region if you don’t know anyone who has gone bankrupt.
Once you’ve identified a few candidates, conduct some research on each of them. Check out their websites and see what kind of information they provide. Are they upfront about their fees? Do they have any testimonials from satisfied clients? What does their bankruptcy experience look like? The more you know about an attorney before meeting with them, the better.
Meet with several prospective attorneys.
Set up consultations with each one. Most bankruptcy attorneys offer free initial consultations, so take advantage of that and meet with as many as possible. This will allow you to familiarize yourself with the attorney and see if you would be comfortable working together. Be sure to bring a list of questions to ask to get all the information you need to make a decision.
Now that you’ve met with all the bankruptcy attorneys on your list, it’s time to choose. Choose the attorney you feel most comfortable with and who you think will best be able to help you through this challenging process. Selecting the right bankruptcy lawyer can be difficult, so you must pick someone you trust and feel at ease with. With the assistance of a competent legal professional, you’ll be on your way to a new beginning.
Compare prices and services
Finally, compare the fees and services of each bankruptcy lawyer. Most attorneys will charge you by the hour, but some may offer a flat fee. Don’t forget to inquire about all of the potential expenses ahead of time so there are no unpleasant surprises later on.Also, find out what services each attorney includes in their bankruptcy package. Some lawyers may only file the necessary paperwork, while others provide more comprehensive services, such as helping you negotiate with creditors or teaching you how to rebuild your credit. Choose the bankruptcy lawyer whose fees and services best fit your needs.
According to LaBert, the average cost of a Chapter 7 bankruptcy is around $500, whereas a Chapter 13 might cost between $1,500 and $6,000. The more complex the situation is, the more costly it’ll be. During your first appointment with a counselor, ask about their fee arrangement and ensure you understand the services covered.
Complete the bankruptcy process
Once you’ve chosen an attorney, it’s time to follow through with the bankruptcy process. This can be a difficult and emotional time, but with the help of a competent bankruptcy lawyer, you’ll be on your way to a fresh start. The first step is to gather all the necessary paperwork and financial documents. Your lawyer will then help you fill out the bankruptcy petition and file it with the court. From there, you’ll attend a meeting of creditors, where your creditors will have a chance to object to your bankruptcy. If everything goes smoothly, you’ll receive a discharge of your debts and be on your way to financial freedom.
Thanks for reading! I hope this has been helpful.
In conclusion, when choosing a bankruptcy attorney, it is crucial to consider the following factors: experience, specialization, location, and cost. By taking the time to research and compare different attorneys, you can find the best fit for your needs. Don’t wait until it’s too late to get help – if you’re struggling with debt, contact a bankruptcy attorney today.