Filing for Bankruptcy

Filing for Bankruptcy

Filing for Bankruptcy Law:

Filing for bankruptcy is a highly complex process. The laws have changed over the last few years, making it more difficult to do. After the 2005 Bankruptcy Act, all persons considering filing for bankruptcy must first undergo credit counseling and then complete a financial management course after filing for bankruptcy. There are different types of bankruptcy as well, and a California "means test" will be administered to determine which type a person may file for. Once the type of bankruptcy is determined (personal bankruptcy, Chapter 7 Bankruptcy, or Chapter 13 Bankruptcy), the person will be required to take full inventory of all assets, properties, income sources, transactions, expenses, debts and taxes of the prior two years. Filing for bankruptcy then occurs via a petition in a local California bankruptcy court. There may be additional financial meetings and hearings to attend after filing.

Filing for Bankruptcy Legal Issues:

Filing for bankruptcy has many negative consequences that a person should thoroughly consider. It will severely hurt one's credit score and will stay on their record for up to ten years. It will also hinder one's chances of renting, leasing, or securing any line of credit or loan in the future. The act of filing for bankruptcy is very complicated as well, and making any error, whether intentionally or unintentionally, can negatively impact one's petition and final decision from the federal bankruptcy courts.

What a Bankruptcy Lawyer can do for you:

While a bankruptcy attorney is not necessary for filing for bankruptcy, it is highly recommended. A bankruptcy lawyer can help you assess and evaluate your situation to ensure that filing for bankruptcy is the right option to take. An attorney can then help you take inventory of your expenses, debts, assets and incomes, and help you determine which type of bankruptcy to file for. He or she will then file the initial petitions for you, and will further represent you in any creditor meetings or court hearings. A bankruptcy attorney will ensure that you file correctly, without error or fraud, so that you have the best outcome possible for your needs.

Lawyer Referral Service:

If you are thinking about filing for bankruptcy, but don't know where to start, call us and we will help you find the right bankruptcy attorney in your area that can find the best option to help eliminate your debt.

Attorney Search Network can provide you with an attorney referral you to a pre-screened bankruptcy creditor's rights lawyer in your area today.