A Few Things To Explore Before Calling A Los Angeles Bankruptcy Attorney

Posted by Alon Darvish

December 24, 2009

The idea of filing for bankruptcy can be scary and confusing. It is not a decision to enter into without the proper information. You may have seen an advertisement for a Los Angeles bankruptcy attorney on television or on a website, and the idea of paying a few lawyer fees and having your debt wiped out may seem like magic. But before you decide to file for bankruptcy, you should educate your self about the process, and gain an understanding of what bankruptcy actually means. Here are some things to consider when deciding whether bankruptcy is the right decision for you.

Types of Bankruptcy

There are many different chapters of bankruptcy, including Chapter 11 (used mostly by businesses) and Chapter 12 (open to fisherman and farmers), but the two chapters most commonly filed by individuals are Chapter 13 and Chapter 7.

Chapter 13 bankruptcy does not wipe out debt, but puts the debtor on a court-approved payment plan, allowing them to rehabilitate their financial situation under terms that the court believes are within their means.

Chapter 7 bankruptcy does wipe out most unsecured debt. However, there are certain types of debt not discharge-able through Chapter 7. These types of debt include:

Child Support

Spousal Support

Most Student Loan Debt

Property Taxes

Income Taxes Going Back More than 3 Years

Effect on Credit Score

Bankruptcy does indeed stay on your credit report for up to ten years, which is definitely something to consider when deciding to file. However, in most cases, once bankruptcy becomes a realistic option, the individual’s credit score is already ruined. If paying off your debts one by one is a possibility, or if several of your debts may fall off of your credit report in the near future, perhaps bankruptcy would indeed have an unnecessary negative effect on your credit score. However, by the time most people begin seriously considering bankruptcy, the effect on the credit score is of minimal importance.

Bankruptcy Abuse Prevention and Consumer Protection Act

Put into effect in October 2005, this piece of legislation changed the terms surrounding bankruptcy. It implemented a means test, which determines whether a potential filer’s income is low enough, compared with their debt and based on the calculation of a state-specific median income, to qualify for bankruptcy. It also mandates that anyone filing for bankruptcy must undergo a one-hour counseling session with a non-profit credit counseling agency, in which they discuss all options for dealing with the debt. They must provide written proof of this counseling session when filing.

Other Methods of Filing

Contacting bankruptcy lawyers is not the only option you have for filing. You may download the federal bankruptcy forms and fill them out yourself, although this option is not advisable unless you have an in-depth knowledge of bankruptcy laws. There is also bankruptcy software available, which works much like tax-prep software in that it guides you through the filing process. You can also use a full-service online preparer, although this person is not an attorney and cannot offer legal advice. They simply prepare the forms for you.

The fees for a bankruptcy attorney are usually between $1,000 and $2,000. The fee to file is about $300. Bankruptcy can be a new beginning, and you may determine that the fees of hiring a lawyer are worth the peace of mind you will gain from having your debt under control. Make sure you educate yourself and stay informed through every step of the process, whatever your decision.

Want the help of a Los Angeles Bankruptcy Attorney? There’s valuable information regarding the loopholes of bankruptcy and what is best for your situation. Make sure you talk to bankruptcy lawyers soon and find out your options!

Credit Card

Tags:Credit Card
Technorati Tags:Credit Card

If you enjoyed this post, please consider to leave a comment or subscribe to the feed and get future articles delivered to your feed reader.

Comments

No comments yet.

Ebay Deals on Credit Card

[CaRP] Can't open cache file.

Credit Card

Vintage Silk Scarf, (260A)
4 Aug 2010 at 9:14am
US $7.97 (1 Bid)
End Date: Monday Aug-09-2010 7:14:46 PDT
Bid now | Add to watch list

200 Chrome Tire Valve Caps
11 Apr 2010 at 9:09am
US $29.95
End Date: Monday Aug-09-2010 7:14:46 PDT
Buy It Now for only: US $29.95
Buy it now | Add to watch list

GOLD PLATED Bridal Kundan Necklace set with Earring
2 Aug 2010 at 9:14am
US $12.98 (0 Bid)
End Date: Monday Aug-09-2010 7:14:46 PDT
Bid now | Add to watch list

01 02 FORD EXPLORER ANTI-LOCK BRAKE PART
11 May 2010 at 9:09am
US $85.00
End Date: Monday Aug-09-2010 7:14:46 PDT
Buy It Now for only: US $85.00
Buy it now | Add to watch list

99 00 01 02 SILVERADO 1500 WINDSHIELD WIPER MTR
10 Jun 2010 at 9:09am
US $35.00
End Date: Monday Aug-09-2010 7:14:46 PDT
Buy It Now for only: US $35.00
Buy it now | Add to watch list