What Is Bankruptcy:
- Explore available options outside of bankruptcy
- Help you determine if you can safeguard certain assets and property from creditors
- Help you decide which chapter of the bankruptcy code is best for you
- Provide answers to complicated legal questions
What Is Bankruptcy can be a daunting process, whether you're filing as an individual or for a business. Filing bankruptcy without the help of an attorney can be even more confusing and stressful, and mistakes can be costly. Local bankruptcy attorneys can provide you with legal advice about the different types of bankruptcy, whether it's a Chapter 7, Chapter 11 or even a Chapter 13, and how they might apply to your situation. Bankruptcy attorneys can also help you with all of the required filings and represent you in court.
No two bankruptcies are the same. Your debt load, ownership of exempt and nonexempt assets and your income all affect how you will file your bankruptcy case and its outcome. In some cases, you may need to agree to a long-term repayment plan. In other cases, you may get a fresh start. In either case, bankruptcy may help you protect your property and assets.
If you are not sure if What Is Bankruptcy is right for you, discuss your situation with local bankruptcy attorneys and determine if bankruptcy can give you the relief you need. While bankruptcy may be a last-resort, having a bankruptcy attorney negotiate with creditors on your behalf may help creditors understand the seriousness of your situation and to ensure that any agreements reached are properly documented and enforceable. For legal advice specific to your situation, simply fill out the request form and local attorneys will contact you shortly.
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What Is Bankruptcy Questions
Q: Why do I need a bankruptcy lawyer?
A: Due to the complexities of bankruptcy law, rigid deadlines and potentially aggressive creditors, a licensed bankruptcy lawyer is highly recommended. Mistakes in the bankruptcy process can delay the final outcome of the case and may leave some debts still due and owing even after the bankruptcy is approved. If mistakes are serious enough, the bankruptcy court may dismiss the case altogether.
Q: Will I be able to keep my property when I file for bankruptcy protection?
A: This is a great question for local bankruptcy attorneys to answer. In general terms, certain property clearly may be exempt (which you may be able to keep) or nonexempt (which you may have to give up to pay off creditors). The analysis depends on state law and on the way courts have interpreted those laws. What seems like a simple analysis can be confusing or full of grey areas. Licensed lawyers are taught how to analyze these situations and find ways to protect you to the full extent allowed by law.
Q: What are the differences between Chapter 7, 11 and 13 bankruptcy?
A: Bankruptcy can either be a “fresh start” or it can be a reorganization. “Fresh start” bankruptcy is often used when debts far exceed the assets and income. Chapter 7 is the “fresh start” chapter of the bankruptcy chapter. While it may be a relief to get out from under a heavy debt load, certain assets and property may have to be sold for the benefit of the creditors. Reorganization, on the other hand, does not discharge all debts, but allows for a repayment plan over time, often at steep discounts. Reorganizations are only allowed where there is sufficient and regular income to support a repayment plan. Businesses often use Chapter 11 to reorganize and save their business, while qualifying individuals often use Chapter 13. Selecting the right bankruptcy chapter can be a complicated analysis. Consulting with a licensed bankruptcy attorney is highly recommended.