Declaring bankruptcy is a complex legal process that requires specialized guidance. While filing for bankruptcy may seem overwhelming, an experienced bankruptcy attorney can help navigate the various steps involved and ensure the process is completed properly. This article will outline the most common types of bankruptcy attorney services provided during a case. From the initial consultation through to discharge and beyond, a qualified lawyer can assist clients through each phase of bankruptcy.
Determine Eligibility
Attorneys review finances to confirm eligibility for Chapter 7 or Chapter 13. Debts, income, and expenses are examined for options. The attorney will review finances to evaluate which chapters (7 or 13) the individual qualifies for based on income and other criteria.
Petition Preparation
Correct forms listing assets, debts, and income sources are drafted. Accuracy ensures complete filing and discharge if eligible. They will help gather details to accurately complete the required bankruptcy petition, schedules, and other documentation to comply with filing requirements.
Court Representation
Hearings involve questioning to prove eligibility. Attorneys answer judicially to protect clients’ interests. If needed, the attorney can appear in bankruptcy court on behalf of the client to address legal issues or questions from the trustee.
Credit Counseling Certificate
This proves that pre-bankruptcy credit counseling occurred. Required within 180 days of the petition. A certificate will need to be obtained within 180 days of filing and the attorney can assist with fulfilling the mandatory credit counseling course.
Debtor Education
Post-filing financial management course completion certificate obtained. Earned within 45 days of the petition. Similarly, for any post-filing debtor education requirement, the attorney ensures their client timely complies before discharge.
Address Trustee, Creditor Questions
Trustees oversee bankruptcy administration. Attorneys interface for smooth case resolution. The attorney represents the client’s interests in responding to trustee or creditor inquiries regarding assets, debts, and the accuracy of petition details.
Stop Collections, Lawsuits
The automatic stay issued with filing halts creditor actions. Past-due accounts are addressed in reorganization plans. The filing pauses all unsecured creditor collection calls, letters, and legal actions like wage garnishments or foreclosure proceedings.
Discharge Support
Upon discharge granting, attorneys help resolve any remaining debts. Discharge halts further collections. The lawyer ensures proper process adherence to obtain the court’s discharge of debts so full benefits of the bankruptcy filing are realized.
Post-Bankruptcy Guidance
Advice rebuilding credit and finances includes. Counsel on avoiding future similar situations. Advice is provided about establishing credit or resolving any discharge or compliance issues even after the case is complete.
Additional Legal Aid
Attorneys may help address garnishments, repossessions, and foreclosures before or after a bankruptcy case. Bankruptcy attorneys may also help address related matters like tax liens or assist renters filing to prevent an eviction if needed post-discharge.
Conclusion
A bankruptcy attorney is a valuable resource for those facing financial difficulties and considering filing for protection under Chapter 7 or Chapter 13. Their experience in bankruptcy law and procedure can make the process easier and increase the chances of success. They can respond to trustees’ and creditors’ inquiries, obtain necessary paperwork, and ensure all legal obligations are met. Consulting a bankruptcy lawyer provides clients with assurance that their case is moving forward in compliance with bankruptcy legislation, providing peace of mind. Their support is crucial in navigating this significant legal process.
