Bankruptcy lawyers handle all aspects of bankruptcy law and provide legal methods for an individual or commercial enterprise/business to either wipe out debts by liquidating assets and distributing them among creditors or resolve them by developing a court-approved reorganization plan, or other plan involving the repayment of creditors over time.
Bankruptcy lawyers explain the primary purposes and applications of bankruptcy laws and how they function to relieve individuals and businesses from indebtedness and provide a fresh financial start. Title 11 of the United States Code (the bankruptcy code) regulates the bankruptcy proceedings, including what chapter under which a debtor may file, what bills can be eliminated, how long payments may be extended, what possessions can be kept, and all other details concerning the bankruptcy.
A bankruptcy lawyer is a guide of sorts for one of the most complicated and difficult-to-navigate financial journeys of someone's life. Imagine taking a dangerous trek without the benefit of a guide who is familiar with the journey and what to expect along the way. That's not something many people would consider. Yet, many people handle their own bankruptcy filing out of concern that they can't afford the legal fees.
Let Your Bankruptcy Lawyer Decide Between Chapter 7 and Chapter 13
One of the most difficult choices for an individual debtor is whether to file for a Chapter 7 liquidation plan or a Chapter 13 repayment plan. Some debtors feel uncomfortable with the idea of not paying anything to unsecured debtors. However, about 70 percent of all individual debtors choose Chapter 7 bankruptcy because the process is quicker and there is no payment plan to keep a debtor in bankruptcy for five years. However, only a small fraction of Chapter 7 cases are accepted by the judge.
A bankruptcy lawyer understands the income requirements for Chapter 7 and the way to complete a Means Test in the event you earn more than the median salary in your state. The Means Test is a complicated formula that uses income from the past six months and then deducts expenses to come up with a figure for disposable income. However, the expenses aren't actual costs but expenses determined by the IRS. An experienced bankruptcy lawyer will be comfortable putting together a Means Test calculation for the court, if needed.
Bankruptcy Lawyers Can Help You Deal with Bankruptcy Officials
It can be intimidating to be in bankruptcy court for the Section 341 creditor's hearing that is required in all Chapter 7 and Chapter 13 cases. Having a bankruptcy lawyer with you to offer advice and help prepare you for the hearing can be a big advantage. Similarly, when the trustee asks for additional information, a bankruptcy lawyer who has practiced in the district will be familiar with what the trustee is looking for and when a request is commonplace and when there is a serious issue.