You may feel the need to file for bankruptcy for many reasons, like your debts have become overwhelming and unmanageable, or you experienced job loss or reduction in income, that may make it hard to keep up with your payments and other regular financial commitments. Though filing of bankruptcy could be a difficult decision, especially when it has a stigma attached to it, nevertheless, it’s a legal option that gives you a chance to put your business together and have a financial restart.
However, not everyone is aware of
which type of bankruptcy they qualify for, and how to proceed with it. It’s
here that the expertise of specialist bankruptcy lawyers, such as Recovery Law
Group, can make all the difference to your financial future. When you consult
for bankruptcy, you will come to know that all individual bankruptcy cases are
handled by federal courts in the USA. Most individual bankruptcies are filed
either under Chapter 7, or Chapter 13 of the US Bankruptcy Code.
You may be advised to file for
Chapter 7 bankruptcy in case your average monthly income for the size of your
family is less than the Median Income of a similar-sized family in your state.
However, if you fail this Means Test, you may be advised to file for it under
Chapter 13 wherein you will be given a period of three to five years to pay all
your debts. Any debts after the completion of bankruptcy will be discharged or
eliminated.
However, before meeting your bankruptcy lawyer, you should be able to fulfill the below expectations in bankruptcy consultation, and have the following documentation ready:-
- Bank
statements
- Loan
agreements
- Creditor’s
information
- Contract
information
- Receipts
for any payments made
- Foreclosure
documents in case proceedings are pending
- Correspondence with creditors (sue notice etc.)
Your creditors can no longer harass
you
All these and related documents
will help the attorney with all background information about your financial
problems. With this information at hand, work for the bankruptcy proceedings
can be initiated sooner.
However, with experienced and
specialist bankruptcy attorneys, you can have more expectations in bankruptcy
consultation, such as the attorney will be able to enforce the Automatic Stay
as soon as the bankruptcy is filed successfully. Intimidation will be sent to
all your creditors by the attorney about your bankruptcy filing, and they will
be informed to stop all their collection activities immediately, including
calls, home or office visits, emails, letters, etc. One key expectation in
bankruptcy consultation is that your creditors cannot contact you directly for
any collection activities after filing for bankruptcy, rather they have to deal
with your attorney afterward.
Not all is lost, some assets are
still protected
Another expectation in bankruptcy
consultation is that your attorney will be able to avoid foreclosure or
repossession of your house, and you may be able to keep a small car, and other
essentials. Not all is lost even when you file for bankruptcy and your assets
are liquidated to pay some parts of your debts to your creditors under the
supervision of a court-appointed trustee. Some assets like homestead exemption
of $27,900, tools of trade, car of up to $4,450 equity, clothing, social
security benefits, disability payments, veterans’ benefits, and more. For more
information on expectations in bankruptcy consultation, please contact Recovery
Law Group.
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