What to Look for When Hiring a Bankruptcy Attorney?
What to Look for When Hiring a Bankruptcy Attorney?
If a time comes when you are in a deep personal financial crisis, some decisions can be extremely stressful. Making the correct choices during tough times can have a big effect on the rest of your life. Having the right bankruptcy attorney can make this difficult time a lot easier for you.Finding the right attorney is more than just a matter of good luck or fate. There are steps you can take to ensure that you hire the bankruptcy attorney that will be the best for your case and the most comfortable for you to work with.Bankruptcy definedDifferent types of bankruptcies can be filed, and a competent bankruptcy attorney will be well versed in the laws and rules that govern each of the different bankruptcy chapters.Before hiring an attorney, you should have at least a basic knowledge related to the different avenues available to you.Chapter 7 bankruptcyChapter 7 bankruptcy is the most common type of bankruptcy filed by individuals and is also known as a straight bankruptcy or liquidation.In a chapter 7 filing, the bankruptcy court will appoint a trustee to oversee the liquidation of your assets and pay off creditors to the extent possible from the funds derived from the liquidation.Depending upon the state you live in, there are some types of property that the court may not force you to sell such as necessities including your house, car, and retirement accounts, but be advised that nothing is cast in stone, and to keep these assets you will have to reaffirm the debt related to these assets by recommitting to the loan agreements and continue making the scheduled payments.Many chapter 7 filings are cases with no assets valuable enough to sell. Filing for chapter 7 is only available if the court makes a decision that you do not make enough money to pay back your debt. A chapter 7 filing stays on your credit report for 10 years.Chapter 13 bankruptcyChapter 13 bankruptcy differs from chapter 7 in that while chapter 7 forgives your debt, chapter 13 reorganizes your debt. In a chapter 13 filing, the court has the authority to approve a monthly payment plan that will provide for the repayment of a specified portion of your unsecured debt and the full amount of any secured debt over a 3-to-5-year period. A chapter 13 bankruptcy will stay on your credit report for seven years.Chapter 11 bankruptcy
Petition to file for bankruptcy; image by Melinda Gimpel, via Unsplash.com.
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