What is all of the talk about bankruptcy these days? What a Los Angeles Bankruptcy attorney thinks
Author: State Bar Approved Lawyer Referrals
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.
To find a Pre-Screened Lawyer in your area, please call our 24Hr Unbiased Lawyer Referral Hotline at 661-310-7999.
About the Author
To find pre-screened attorneys in the Los Angeles area call 661-310-7999.
Certified by the California Bar Association (Certification # 0128), 1000Attorneys.com is a single point of contact to find pre-screened attorneys in Los Angeles, California. The lawyer referral program complies with rules and regulations set forth by the Bar and the Supreme Court to provide unbiased lawyer referrals to Los Angeles residents
Have any Republicans opposing health care done any research to see if their claims are true?
If not, why haven’t they?
Here is a brief debunking from Mediamatters.org
Myth: Health care reform will provide health insurance to illegal immigrants.
Fact: No federal benefits go to those who are not legally in the United States.
House Bill: “No Federal Payment for Undocumented Aliens.” According to America’s Affordable Health Choices Act of 2009, Page 143, Line 3, Section 246: “No Federal Payment for Undocumented Aliens. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.” [America's Affordable Health Choices Act of 2009]
Myth: A government-run plan will encourage seniors to choose an early death.
Fact: Counseling will be offered to seniors on a voluntary basis.
“Sec. 1233 of the bill, labeled ‘Advance Care Planning Consultation’ details how the bill would, for the first time, require Medicare to cover the cost of end-of-life counseling sessions. According to the bill, ’such consultation shall include the following: An explanation by the practitioner of advance care planning, including key questions and considerations, important steps, and suggested people to talk to; an explanation by the practitioner of advance directives, including living wills and durable powers of attorney, and their uses; an explanation by the practitioner of the role and responsibilities of a health care proxy.’” [PolitiFact.com, 7/16/09]
MYTH: The government-run plan will allow taxpayer funds to pay for abortions.
Fact: Private insurance companies decide whether or not to cover abortions and consumers can choose a plan in line with their own beliefs.
Abortion Is Not Mandated In The Reform Legislation. According to Planned Parenthood: “Nothing in any of the current health care reform bills mandates abortion coverage – or any other type of medical procedure – in the Exchange. Abortion is not mandated any more than any other medical procedure in health care reform.” [PlannedParenthood.org, accessed 7/30/09]
MYTH: We don’t need an overhaul of health care.
Fact:…there are millions of people who can’t get health insurance. And those people cost you, and everyone else with insurance, more because they often can’t pay for the care they do receive. Your premiums go up each year in part to help cover the cost of those who can’t afford to go to the doctor and end up having to go to the emergency room instead.
MYTH: A public option will result in Americans being forced out of their current plans.
Fact: House Bill Allows For Continuation Of Current Coverage. According to PolitiFact.com: “The House bill allows for existing policies to be grandfathered in, so that people who currently have individual health insurance policies will not lose coverage.” [PolitiFact.com, 7/22/09]
MYTH: A government option will result in health care rationing for Americans.
Fact: Health care is already rationed by insurance companies.
Private insurance companies ration care to Americans every single day. They reject applications based on pre-existing conditions and family history. They rescind coverage after an illness has been diagnosed. Their premiums and deductibles are so high that millions of Americans are forced to delay care or declare bankruptcy due to high costs.
MYTH: Government-run health care will put a bureaucrat between you and your doctor.
Fact: There is already a bureaucrat between you and your doctor. It’s called the insurance company.
The private health insurance industry bureaucrats are standing between you and your doctor right now. They hire outside firms to determine how much you might cost them. Private insurance companies make decisions on who does and does not get health care based solely on how much they value your life.
MYTH: A government option will force private insurance companies out of business.
Fact: It will provide competition for insurance companies where there is currently a lack of competition.
The introduction of more competition in the health insurance market will not put private companies out of business – it will force them, in true free-market style, to meet the demands of consumers and to start providing quality coverage to all Americans.
[...]
Senate Democrats Have Proposed That Public Health Care Should “Comply With All The Rules And Standards That Apply To Private Insurance” To Ensure That Private Insurance Can Compete. According to the New York Times: “In an effort to defuse the most explosive issue in the debate over comprehensive health care legislation, a top Senate Democrat has proposed that any new government-run insurance program comply with all the rules and standards that apply to private insurance. The proposal was made Monday by Senator Charles E. Schumer of New York, the third-ranking member of the Senate Democra
Apparently not the ones on Yahoo Answers.