If you are under the burden of debt, filing for bankruptcy can save you and relieve everyday tension. But it’s not as easy as it seems. Understanding the process, filling the bankruptcy forms, and fighting the case till the end can be a daunting and tiring task.
That is why you need a bankruptcy lawyer to make things easy for yourself. The bankruptcy lawyer will provide you with legal advice, handle all sorts of paperwork, and represent you in all legal matters concerned with the case. Here are some of the most common types of services provided by bankruptcy lawyers.
Bankruptcy cases can be complicated and complex at times, which is why the lawyer you select should have the needed skills and experience to handle your case. The complexity of your case depends upon whether you file chapter 7 bankruptcy in Ohio or chapter 13, whether you own a small business or not, whether the bankruptcy trustee will sell any of your assets and the involvement of bankruptcy litigation. A skilled and experienced lawyer will know how to represent clients with such cases.
Bankruptcy Lawyer Will Give Proper Legal Advice
The retainer agreement is a legal document signed by both you and your bankruptcy attorney, which outlines the services your lawyer will provide you during your time together. It is the lawyer’s job to provide you with sound legal advice throughout the bankruptcy process.
To start, your bankruptcy lawyer should tell you whether filing for bankruptcy is the best thing for you. If it is in your best interest, then you should learn and understand the following:
· Whether Chapter 7, chapter 13, and other types of laws will benefit you and prove to be in your best interest.
· The bankruptcy process and what you should expect
· Whether your case is complex and involves risks and difficulties.
· Can your attorney respond to your queries, calls, and emails efficiently and on time?
Prepare And File Your Paperwork
To file for bankruptcy, you need to fill out many forms. This can be a very daunting and tiring task if you do it without any help. A bankruptcy lawyer has access to special software that prepares the needed bankruptcy paperwork and files it with the court.
All you have to do is provide the lawyer with all your financial information, such as assets, expenses, income, and amount of debt. The bankruptcy attorney will use this information to prepare the required forms and complete the paperwork. You might also have to provide other legal documents to the court.
The attorney will make sure all the forms are submitted on time because failure to keep track of the deadlines can lead to delays in the process, case dismissal, and other bad consequences.
Represent You At Your Hearings
Once you file for bankruptcy, you need to attend a compulsory hearing called the 341 meetings of creditors. But according to the demands of your case, you might need to attend more hearings.
Some of the types of hearings your bankruptcy attorney will represent you include chapter 7 and chapter 13 confirmation hearings. Your attorney will help you prepare for the hearing.
Make Sure You Comply With The Bankruptcy Requirements
The court can reject some bankruptcy without dissolving the debts if the plaintiff does not comply with the bankruptcy requirements for producing documents, filing the case, and other matters. Your attorney will keep track of and make sure you fulfill all the bankruptcy requirements, including:
· Complying with the court orders and rules
· Paying your chapter 13 plan payments
· Filing bankruptcy forms
· Paying the court filing fees
· Completing the pre-bankruptcy credit counseling class within the given duration
· Attending the creditor’s meetings
Protect Your Property
The law usually protects your property, but an experienced attorney will make sure that you get all the property you are entitled to, that you lose as little as possible, and stay away from losses.
Handle Tax Refunds And Other Dues
You need to mention your debt money in your bankruptcy paperwork. If you do not mention it in the paperwork, you could lose your right to inherited money, tax refunds, life insurance proceedings, bonuses, sales commissions, and lawsuit proceedings.
Credit Cards And Loan Dealing
A Personal Bankruptcy Lawyer will guide you regarding the best way to pay credit card debt and loans, handle them during bankruptcy, and how filing for bankruptcy will affect the credit rating.
A bankruptcy attorney will tell you all the ways to prevent foreclosure and repossession so that you can keep your personal property, vehicles, and house.
Handle Family Problems
Your attorney will also help you handle family situations such as divorce and will try to minimize the effects of bankruptcy on your family relations, inheritance, and children. Going through a divorce isn’t easy at all. It is one of the toughest times of one’s life. An attorney will help you get through this tough time as well as help you win your case.
Pay Off Debts
A skilled and experienced attorney will help you find ways to pay off the debt that remains even after the bankruptcy case is over. Not all debts are discharged by filing for bankruptcy, and a good lawyer will explain that to you.
Your bankruptcy lawyer will help you settle and negotiate debts on your behalf. They will also guide you on avoiding debts in the future, such as explaining how to maintain a budget, setting your priorities right, and spending less.
Your bankruptcy lawyer will ensure that that you do stay away from paying creditors before filing for bankruptcy. Paying a creditor is considered a preferential transfer and can be used by the bankruptcy trustee to file a lawsuit against you.
In A Nutshell
Hiring a bankruptcy lawyer is a must if you are planning on filing for bankruptcy. As you can see above, a bankruptcy attorney not only represents you in court but does many other things you would not be able to do alone.
Therefore, it is highly recommended that you hire a bankruptcy attorney before you file for bankruptcy, as they will help you prepare accordingly.