Bankruptcy Law & Attorneys – Important Facts To Consider

Author: Dean Shainin

Bankruptcy law is a federal statutory law contained in title 11 of the United States codes. Congress passed the Bankruptcy Code under its Constitutional grant of the authority to establish a uniform law on the subject of bankruptcy throughout United States. States may not regulate bankruptcy though they may pass the laws that govern other aspects of the debtor-creditor relationship.

Bankruptcy allows a debtor, who is unable to pay his creditors to resolve his debts through the division of his assets among his creditors. Certain bankruptcy proceedings allow a debtor to stay in business and use the revenue generated to resolve his or her debts. A United States Bankruptcy court supervises bankruptcy proceedings and is where bankruptcy is litigated. Proceedings in bankruptcy courts are governed by the Bankruptcy Rules which were promulgated by the Supreme Court under the authority of Congress.

How Do Bankruptcy Proceedings Work?

Informally called "straight bankruptcy," The most common type of bankruptcy proceedings liquidation involves the appointment of a trustee who collects the non-exempts property of the debtor, sells it and distributes the proceeds to the creditors.

Chapter 11 is reorganization. In this chapter the debtors are allowed to continue its operations while paying their debts. The debtor can either enter the bankruptcy proceedings or it can be initiated by the creditors. The creditors may not seek to collect their debts outside the proceedings at the most part, after the bankruptcy proceedings is filed. The latest revisions of the bankruptcy law are now in effect. Before the debtor can file a bankruptcy case, they should undergo credit counseling, budgeting and debt managements before the debt is wiped out.

Bankruptcy Attorney – Choosing the Right One

Bankruptcy attorneys explain the applications of bankruptcy laws and its applications. If the debtors or their lawyers set off the bankruptcy it is called a voluntary bankruptcy. If the courts initiate the bankruptcy it is called an involuntary bankruptcy. A good bankruptcy attorney will take all the problems away from the bankrupt person or company and deal with every aspect of the bankruptcy.

6 Helpful Tips and Considerations For Finding the Best Bankruptcy Attorney

1. Find a bankruptcy lawyer at the circle of your acquaintances. Keep in mind that bankruptcy law is a specialty, so if your lawyer offers to handle the case as part of your usual retainer, make sure he knows his way around a bankruptcy court.

2. Attorneys must be certified by the American Bankruptcy Institute.

3. Spend a day at a bankruptcy court.

4. What time frame do you have for this bankruptcy?

5. How much access will I have to an attorney during my bankruptcy filing?

6. Because bankruptcy law is a volume business, the time you’ll actually be working with a specific attorney may be small. Don’t hire the cheapest lawyer.

Article Source: http://www.articlesbase.com/bankruptcy-articles/bankruptcy-law-attorneys-important-facts-to-consider-34061.html

About the Author
Dean Shainin offers valuable online debt solutions, news, tools and resources on bankruptcy and debt relief at his Bankruptcy site.

Selecting a Bankruptcy Attorney

Author: Miodrag Trajkovic

Every one of us goes through a phase in life where there’s a reversal of fortune. You may be very successful, your business doing well and there is an outpouring of money and you have not faced too many problems. And there may come a time when the situation is adverse and your stars aren’t too hot. You then begin to realize that your financial life is no more the same. You may face a lot of financial crises. This is when you may want to file for bankruptcy. When you start thinking of bankruptcy, you will need some guidance in the whole process. You may come across a lot of legal terminologies in the process of filing for bankruptcy so you may need to hire some expertise in this area. You may have to hire a bankruptcy attorney.

A bankruptcy attorney will be able to give you useful insights, alternatives, terms and conditions and possible escape routes. You may find a legal counselor in a bankruptcy attorney. He is one person who has enough knowledge about the concepts, terminologies and guidelines that are related to bankruptcy. Do not make the mistake of choosing any practicing attorney. You will have to find some one who is an expert in the field. You will require the services of a good bankruptcy attorney.

The important matters that must be kept in mind before hiring the expertise of a bankruptcy attorney include the consideration of the level of confidence of the bankruptcy attorney. Check his background. Does he know the recent laws? Has he won the cases that he has handled? What is his credibility? Is his reputation good? Get an opinion from his other clients. By doing so you will know his capability and gauge his efficiency in handling your case.

Also the other main concern would be the fees that you will have to pay the bankruptcy attorney. If he is reputed in his field he may charge you a substantial amount by way of fees. If a bankruptcy attorney is new to the field, you can bargain and pay him a reasonable amount.

If you have not yet decided about filing a case of bankruptcy, but only want some advice and some enlightenment from a bankruptcy attorney, then the best option is to go to free consultation attorneys. You’ll find them a concerned lot and though they will probably have many cases, do give it a try. Do not be hesitant, be comfortable and share details about your case with them.

It is possible that the bankruptcy attorney that you have appointed is patient with your questions. It is very natural to ask questions because it is the best way to get details of bankruptcy filing. Find a bankruptcy lawyer who is approachable.

It is very important to get a bankruptcy attorney who will represent your case. Try and find the best if you want the case to go on smoothly

Article Source: http://www.articlesbase.com/banking-articles/selecting-a-bankruptcy-attorney-385666.html

About the Author

If you are faced with Bankruptcy, try visiting

http://bankruptcy.explore-me.com, a popular bankruptcy website that
offers tips, advice and resources including information on

Buying A Home After Bankruptcy and Credit After Bankruptcy.

How Flexible is Chapter 13 Bankruptcy?

Author: BassFranklin

One of the most common questions about Chapter 13 bankruptcy is what happens if your financial situation changes during the duration of the plan? After all, a Chapter 13 plan runs from between three to five years and a lot of life can happen in that period of time. What happens if you or your spouse lose a job, get sick or in an accident and incur medical expenses, or have a change in family size?

Fortunately, Chapter 13 bankruptcy does have a great deal of flexibility in case of a change of income or expenses during the duration of the plan. Many times the court can agree to modify your plan to make it work. This often involves a lowering of monthly payments which debtors are obligated to pay.

Other times, the changes may need to be made even before a first payment is sent. Sometimes debtors are still unable to pay their mortgage even with the restructuring of their debt in Chapter 13. In cases such as this, modification is necessary. If the situation that you are experiencing is only a short term problem, the court may grant a moratorium in payments if it will allow you an opportunity to recover from an illness, one-time expense, or some other temporary cash flow problem.

If your situation changes significantly, Chapter 13 has what is called a “hardship discharge”. This happens when a Chapter 13 plan is confirmed but circumstances come up that prevent the debtor from completing the plan. However, there are stipulations to a hardship discharge which make it available only if: the failure to pay comes from circumstances beyond the debtor's control, creditors have received at least as much money as they would have received under Chapter 7 where assets are liquidated, and if modification of the plan is impossible.

If you are seriously considering bankruptcy and you live in California, you need to consult with a California bankruptcy lawyer. While the process is complicated, they will be able to help you understand your options and help you avoid making bad decisions that you could later regret. If you are over-burdened with bills and cannot see any light at the end of the tunnel, bankruptcy may be the best option to help you get that much needed fresh start and allow you to rebuild your future. The law offices of Borowitz, Lozano and Clark, LLP specialize in California bankruptcy and exclusively represent debtors in Consumer and Small Business Bankruptcies. They have helped over 20,000 families get free from the burden of debt since 1997. Call today for a free debt consultation at 1-800-509-3200.

Article Source: http://www.sooperarticles.com/finance-articles/bankruptcy-articles/how-flexible-chapter-13-bankruptcy-22151.html

About Author:
Brian Reed. bankruptcy law – How Flexible is Chapter 13 Bankruptcy?

Four Questions To Ask a Bankruptcy Lawyer Before Signing

Author: BassFranklin

With the widespread changes that happened in bankruptcy law in 2005, it is more important than ever to hire a competent, experienced lawyer for a successful bankruptcy case. If you are considering filing for bankruptcy, you want to be fully informed about what a prospective lawyer can offer and what to expect from them before you sign a contract. Here are four questions to ask before signing a contract:

Should I file for bankruptcy or do I have other options?

This question covers a lot of ground and allows the attorney to talk with you about several different issues and discuss your options. It allows them to give a recommendation as to whether Chapter 7 or Chapter 13 is a better option for you, or even if there is an option outside of bankruptcy that you haven't considered. This overview will give you a clear understanding of the benefits and drawbacks of filing for bankruptcy and is a good place to start with a prospective attorney.

Who will actually be handling my case?

Sometimes the lawyer you are speaking to isn't actually the one who will be handling your case. It is important to know if they plan to pass the case on to someone else or will handle it themselves. There is typically a single hearing in bankruptcy cases, so if someone other than the lawyer you are speaking with is going to court with you, it is a good idea to talk to them so you can be comfortable with them and discuss the intricacies of your case.

How much of your time is devoted to bankruptcy cases?

If an attorney has 20 years of experience but only tries two or three cases a year, they won't be as experienced as a lawyer that does bankruptcy work exclusively for a much shorter period of time. Bankruptcy laws have changed, so it is important to know that your attorney is familiar with these changes and can make them work for you.

How much do you charge for your services?

This might seem like a no-brainer first question, but it is a good idea to ask it last. First of all, it gives you an opportunity to see all of the other services that the attorney plans to provide. There are a number of ways an attorney can request to be paid. Some work on cases on an hourly basis, while others may charge a flat fee, so it is a good idea to get an estimate of how much a case will cost. Additionally, it is important to know if there are any other expenses that may be incurred during their work that may be charged to you. Remember, like in so many other things, with a lawyer, you get what you pay for.

If you're searching for Los Angeles bankruptcy attorneys who will take your case from start to finish, visit blclaw.com or call the law office of Borowitz, Lozano & Clark at 800-509-3200 for a free consultation.

Article Source: http://www.sooperarticles.com/law-articles/four-questions-ask-bankruptcy-lawyer-before-signing-22152.html

About Author:
Brian Reed. Los Angeles bankruptcy attorneys Four Questions To Ask a Bankruptcy Lawyer Before Signing.

The New Bankruptcy Law: Information you Need to Know Before you File

Author: Liz Roberts

The new bankruptcy law is in effect, and the climate has drastically
changed for people who are considering bankruptcy. In this article we
will touch on some of the details of the new law, and explain exactly how
these new changes will affect you.

First, let’s touch on the new counseling requirements. According to
the new law, you must complete credit counseling with an agency approved
by the United States Trustee’s office before you can file for
bankruptcy under either Chapter 13 or Chapter 7. Because this counseling is to
decide whether you need to file for bankruptcy, or if an informal
payment plan would be a better alternative for your situation. The counseling
is mandatory for everyone, even for people who know for certain that a
repayment plan is not what they want.

However, you are required only to join in the counseling; you do not
have to go with any repayment plans the agency recommends. But if you are
given a plan, you will have to present the plan to the court with a
certificate showing that you attended the counseling before you can file
for bankruptcy. Once your bankruptcy case is over, you will have to
attend another counseling session focused on learning personal financial
management skills to complete your bankruptcy and erase your debts.

Another major change that comes with the new law effects many people
who want to file chapter 7 bankruptcy. Under the old law, most people
filing could choose between Chapter 7 and Chapter 13,and most people
chose Chapter 7. Because of the new law, many filers with higher incomes
will be prohibited from using Chapter 7.

The first step in determining whether or not you can file for Chapter 7
is to compare your current monthly income to the median income for a
family of your size in the state you live in. In the context of the new
law, your current monthly income is not your income at the time you
file, but your average income over the last six months before you file.

Once you have determined your income, measure it against the median
income in your state. If your income is equal to or less than the median,
you can file for Chapter 7. If it is more than the median, you must
pass a requirement of the new law called the means test. The means test
requires you to determine your amount of “disposable income” by
subtracting different variables from your current monthly income.

If your current monthly income after subtracting these amounts is
under $100, you pass the means test, and will be able to file for Chapter
7. If you income is more than $166.66, you will be prohibited from
using Chapter 7. Those in the middle of these incomes will be able to file
for chapter 7, but will be required to still pay a percentage of their
debt.

Yet another important change caused by the new law is that lawyers may
be harder to find, and possibly more expensive. The new law has added
many complex requirements to the process of filing for bankruptcy that
will make it more time consuming for lawyers to represent their clients
in bankruptcy cases. The end result being that attorney fees for
representation will increase. Also, the amount of time that lawyers must put
into the new regulations has increased and it is likely that it may be
harder to find a lawyer that solely specialized in bankruptcy in the
future. Many experts are predicting that the stress of these new
requirements may drive some bankruptcy lawyers out of the field completely.

Now that you know many of the changes the new bankruptcy laws hold for
your situation, be aware and file with care.

Article Source: http://www.articlesbase.com/finance-articles/the-new-bankruptcy-law-information-you-need-to-know-before-you-file-51523.html

About the Author

Liz Roberts is a loan consultant with NewHorizon Finance and has been providing consumers and business owners with financing since 1989. Join our mailing list for FREE tips on building and repairing your credit . We also have a list of recommended bad credit credit cards
Copyright 2006