what type of attorney do i need for bankruptcy

Do I really need an attorney to file bankruptcy?

Feb 15, 2022 · People across the country face financial hardship every day. When they do, they understandably seek out any solution to lighten the load. One of these solutions is bankruptcy. If you’re considering filing bankruptcy, you’re probably wondering if you have to have an attorney. The truth is that you don’t have to have one to file,

How does someone get the best bankruptcy attorney?

Jan 14, 2013 · Bankruptcy, like most legal matters, is a process and the safest route is to have an attorney guide you through the process if you want to succeed. A good bankruptcy attorney will give you peace of mind if they provide at least these four things: An initial consultation – usually free! – to get an overview of your case; Advice on options available, including what type of …

How do I find a good bankruptcy attorney?

Jun 22, 2020 · If you are thinking about filing for bankruptcy, an attorney can provide information about bankruptcy and how it works. While chapter 13 only applies to individual debtors, most bankruptcy attorneys handle all types of bankruptcies, including options for individuals and businesses available under chapters 7 and 11.

What should I expect from my bankruptcy attorney?

For your message to be most effective, please do the following: 1. In the subject line for the message header, try to give the nature of your need. Examples: “New Bankruptcy Client Question,” “Help With a Garnishment” or “Foreclosure Next Month.”. …

What should you not do before filing bankruptcy?

Here are common mistakes you should avoid before filing for bankruptcy.Lying about Your Assets. ... Not Consulting an Attorney. ... Giving Assets (Or Payments) To Family Members. ... Running Up Credit Card Debt. ... Taking on New Debt. ... Raiding The 401(k) ... Transferring Property to Family or Friends. ... Not Doing Your Research.Sep 30, 2021

What type of debt Cannot be discharged through bankruptcy?

Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

Can I file Chapter 7 without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. ... Court employees and bankruptcy judges are prohibited by law from offering legal advice.

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Feb 6, 2021

What are 5 types of debt that are not dischargeable in bankruptcy?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

Do I have to go to court for Chapter 7?

Creditors will also be permitted to ask you questions. However, usually creditors do not attend these meetings if you have filed for Chapter 7 bankruptcy. If you file for a Chapter 7 Bankruptcy, you normally do not need to return to court.Jan 17, 2022

What are the different types of bankruptcy?

At a glance, the main differences between bankruptcy types include: 1 Chapter 7: this type of bankruptcy doesn’t include a repayment plan. However, you will be required to sell or liquidate nonexempt assents in order to pay back your creditors. 2 Chapter 11: this type of bankruptcy is used most often by large businesses and it is designed to help them stay open while repaying their debts. 3 Chapter 13: this type of bankruptcy removes debts by allowing you to create a repayment plan that spans three to five years. This allows you to gradually pay off your debt without liquidating any assets.

What is personal injury law?

As one of the most common types of lawyer specialties, personal injury lawyers handle everything from car accidents to slip andamp; fall injuries, product liabilities, and medical malpractice suits. If you were injured due to an accident or another person’s negligence, hiring a personal injury lawyer is one of the best ways to pursue the legal justice that you deserve.

What is criminal defense?

Criminal defense lawyers are lawyers that focus on defending those accused of a crime. Out of all the types of lawyer specialties, this is the one you’ll want to contact if you’re facing charges of drunk driving, theft, assault, or any other type of criminal offense. They are the most familiar with criminal law and will be able to advise you on every facet of the criminal justice process. This can include the rules pertaining to arrest, bail, arraignment, and plea submission. For instance, if you’re facing a petty theft charge, a criminal defense attorney will be able to walk you through the process and defend you throughout your trial. If you’re found or plead guilty, a criminal defense attorney may even be able to lessen the punishment by working with the prosecutor to submit a plea bargain.

What is IP law?

Also known as IP lawyers, this type of specialty deals with matters concerning trademarks, copyrights, and patents. While filing for a patent or copyright can be done on your own, it can be a confusing process and it requires meticulous submission of paperwork. If you’re not well-versed in how intellectual property law functions, you could risk getting your submission denied. To prevent this, it’s best to work with a professional who can handle all of the paperwork, as well as advising you throughout the process.

What is the job of an immigration lawyer?

Immigration lawyers can help advise on visa applications, green cards, citizenship, and naturalization issues. Additionally, they can also help with employment for non-citizen and deportation.

What does Chapter 7 bankruptcy mean?

They can explain to you exactly what bankruptcy chapter 7 means and whether it is a good fit for you. Or they can give you the details on bankruptcy for credit cards and medical bills, helping you see all of your options before making any decisions. If you are looking for an attorney, it helps to do a lot of research.

What is an estate planning attorney?

Another of the most common types of lawyer specialties, an estate planning attorney advises and helps clients to prepare wills, trusts, and asset distributions . These lawyers work to draft living trusts while also helping plan for the protection of your assets and savings after death. They can also help you prepare the power of attorney and health care instructions in the event that you become incapacitated and unable to speak for yourself.

What documents are needed for bankruptcy?

Your financial records are some of the first documents you should collect. These records will help determine which type of bankruptcy is best suited for you. For example, if your financial documents show you have a regular income, your best fit may be Chapter 13 bankruptcy. This may have significant implications because Chapter 13 will allow you to keep possession of your property and pay your debts over time. Financial records include: 1 Most recent bank statements 2 Most recent bills from every creditor 3 Most recent payment coupons for vehicles (leased or purchased), real estate, and student loans 4 Bills or invoices for purchases in the last year 5 Receipts

Why is it important to organize your assets?

A proper, thorough organization of your assets is extremely important to show you have a set income level. This income determination can be essential in proving you can repay your debts over a period of time or in proving a lack of income. Canceled checks for any expense you cannot otherwise document.

What are the first documents you should collect?

Financial Records. Your financial records are some of the first documents you should collect. These records will help determine which type of bankruptcy is best suited for you. For example, if your financial documents show you have a regular income, your best fit may be Chapter 13 bankruptcy.

How does bankruptcy affect your life?

It could also have a major impact on your daily life. Filing for bankruptcy can affect your credit and property.

What is pending litigation?

Any legal history or pending litigation involving you is information you'll want to disclose to your attorney. Previous judgments against you show debts that will factor into determining which bankruptcy is right according to your financial situation. In addition, any pending litigation or current court order will determine how much you can afford to pay your creditors at this time.

Chapter 7 Without Bankruptcy Attorney

If the filer has a simple Chapter 7 bankruptcy situation, it is possible to handle the matter without a bankruptcy attorney. A simple Chapter 7 case would typically mean the following circumstances apply:

When an Attorney Is Needed

Certain situations almost always call for the assistance of a bankruptcy attorney, including the following:

Why Contact an Attorney?

Even if the debtor is not 100 percent sure he or she wants to hire an attorney, it is advisable to at least consult with one before deciding how to proceed. The attorney can advise the individual on whether bankruptcy is in his or her best interest or whether other options exist instead of bankruptcy.

How Much Do Bankruptcy Attorneys Cost?

Bankruptcy attorney fees are based on the complexity of the bankruptcy case, as well as the type of bankruptcy being filed. Fees can range anywhere from $500 to $3,500 for a Chapter 7 case to up to $6,000 for a Chapter 13 bankruptcy case, since these types of cases tend to be more labor-intensive and last longer than the other type.

Contact Us Today

At RLC Lawyers & Consultants, we are here to walk you through this stressful process of bankruptcy. To request to schedule a consultation, please call us at 561.571.9610 or send an email to [email protected].

Financial Records

• Your financial records are some of the first documents you should collect. These records will help determine which type of bankruptcy is best suited for you. For example, if your financial documents show you have a regular income, your best fit may be Chapter 13 bankruptcy. This may have significant implications because Chapter 13 will allow you to keep possession of your …

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Additional Documents

Documents Needed to File Chapter 7