Bankruptcy

July 11, 2009

Should you file bankruptcy without a lawyer?


You’ve probably realized by now that filing for bankruptcy can be a pretty complicated matter. Still, it’s tempting to try to go through the process by yourself in order to save money.

Since you’re thinking about declaring personal bankruptcy, by definition you don’t have a big budget to hire expensive lawyers. Does that mean that you should forget about the lawyer and do everything by yourself?

Trying to declare bankruptcy on your own is not a good idea especially with the changes in the bankruptcy law that have taken effect since 2005. There are more obstacles put in your place, and there are more restrictions and details that you have to be aware of. Why not let your lawyer deal with these issues?

One of the major changes in the recent bankruptcy reform law was the means test, which tries to look at your income and expenses to determine your need for bankruptcy.

Those with a higher income than the average salary for their state will have to go through some extra steps in order to prove their need for bankruptcy.

Taking a means test includes having to more carefully document your income and expenses, but there are other details that your lawyer will need to explain to you.

You’re well meaning friends or relatives may try to convince you that bankruptcy doesn’t require lawyer, and some of them may have gone through that process by themselves sometime in the past. Remember, though, that the recent bankruptcy reform law does make things more difficult for the layman (and even for a lawyer to some extent).

Don’t take chances with such a big decision for your financial future and the security of your family. Speak to a good bankruptcy lawyer to help you make the right decision regarding bankruptcy and to guide you through the entire process.

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Filed under Bankruptcy by Josh Ramos

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July 9, 2009

What are the disadvantages of filing for bankruptcy?


Bankruptcy can bring relief to those who find themselves overwhelmed with excessive credit card debt, or other kinds of debt for that matter. Nevertheless, bankruptcy does have its drawbacks, and anyone considering filing for bankruptcy should seriously consider all the consequences, both good and bad.

First of all, your credit will be severely damaged when you decide to file for personal bankruptcy. This can last for a good 10 years or so, so you want to carefully consider the consequences of your actions at this point.

If your financial situation is severe enough for you to consider chapter seven or some other form of bankruptcy, then your credit score is probably not very high on your list of priorities. Still, you should be aware that you may have trouble getting loans. You may have to pay higher interest rates, and your credit report will show a record of your bankruptcy for 10 years.

One disadvantage that many don’t know about is that bankruptcy will not do away with every single kind of debt. Some kinds of debt, including Federal taxes or criminal fines, may be very difficult or impossible to have discharged when filing for bankruptcy.

Depending on what kind of assets you own, you may have to give something up when filing for chapter seven bankruptcy. That’s because a court requires you to liquidate certain assets in order to help pay off as much of your debt as possible. Most people who file chapter seven don’t have many assets to speak of, so this may not be relevant to your situation.

As far as your home is concerned, you need to discuss this thoroughly with your lawyer to understand the specific bankruptcy laws and homestead exemptions in your state.

One drawback of bankruptcy which you may not have considered is the effect that it will have on your creditors. I’m not simply talking about large, impersonal corporations like credit card companies.

If you have received credit from any number of small businesses, they too can be hurt by your bankruptcy. But at the same time, you have to do what is best for you and your family. If you really need help and are not just simply trying to get away with not paying your bills, then you have the right to fully consider bankruptcy.

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Filed under Bankruptcy by Josh Ramos

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July 8, 2009

Finding A Good Bankruptcy Lawyer


Texas is the second largest state in the United States, and as you can imagine, there are plenty of San Antonio bankruptcy lawyers available for you to choose from. The tough part isn’t necessarily finding an attorney, it’s choosing one.

You will find that by doing a bit of research, you can minimize your results down so that you’re left choosing from only the lawyers who will benefit you and your case.

Bankruptcy has a lot of truths and myths floating around that end up confusing many people. The first thing you should do before seeking an attorney is to educate yourself on bankruptcy and the different chapters there are. The attorney that you end up hiring will be able to educate you, but it might be best if you start off with a bit of a foundation of knowledge. Plus, when it comes time to choose your lawyer, you will be able to find one who specializes in exactly the type of bankruptcy you wish to file, or they might even be able to recommend a different chapter of bankruptcy to file if they feel it would better suit your situation.

Don’t lose sight of the fact that you are facing financial difficulties that you have not been able to overcome. This means there is no shame in seeking to gain the expertise of a good San Antonio bankruptcy lawyer who can provide their services at a price you can afford. You can come to an agreement before signing any contracts or forms that become legal and binding once your signature is placed on them.

You can compile some questions to ask when you make an initial visit to any San Antonio bankruptcy lawyer. These questions will help you to determine the practicing style of the lawyer you are considering and whether or not their beliefs are a good match with your own. Having the right San Antonio lawyer makes the difference between a good night’s rest and staying awake with uncertainty about your financial future. There are many good lawyers who know the bankruptcy law in San Antonio.

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Filed under Bankruptcy by Bella Holly

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So how much does it cost to declare bankruptcy, anyway?


You may be considering bankruptcy as a way to solve your debt problems. This is certainly an option that you should consider if you’re facing an overwhelming amount of debt and don’t see any other way out. Of course, you should speak to a lawyer and not rush into things prematurely. However, if you decide to go this route, you may be wondering how much does it cost to declare bankruptcy.

You have to pay the court a fee of $274 when filing chapter seven bankruptcy, while the fee for chapter 13 bankruptcy is $189. Chapter seven bankruptcy, by the way, is what most people are looking for since it aims to wipe out your debts completely. Chapter 13 bankruptcy, on the other hand, establishes a repayment plan for you to pay off your debts over time.

This may or may not seem like a large amount to pay. On the one hand, you’re getting a chance to get on top of your debt and get some breathing room, so to speak. Still, if you’ve come this far in your financial journey, then you probably don’t have much money to speak of. This can make it quite difficult to cover the costs of a bankruptcy case.

It is important to point out, however, that the filing fees are not the only cost that you have to worry about when it comes to bankruptcy. You’ll also have to pay your lawyer.

Unfortunately, the recent bankruptcy reform law has made the need for legal help more obvious, and attorneys may even charge a little higher these days.

This may be discouraging for you, and you may think that you will not be able to pay for the bankruptcy process. At this point you might be wondering how to get out of credit card debt (or other kinds of debt for that matter) through some other means. However, if you and your lawyer have decided the bankruptcy is the best option for you, you shouldn’t despair over the cost.

When you first declare bankruptcy, the court will temporarily stop all collections from taking place. Until your case is settled, bill collectors are not allowed to contact you.

Moreover, if your case is successful, then you know what that means. You don’t have to worry about your previous debts at all if your chapter seven bankruptcy case is successful. Even if you file chapter 13, you’ll still get some relief by using a payment plan. Either way, bankruptcy should make your financial burden lighter and make it easier to cover the cost of an attorney.

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Filed under Bankruptcy by Josh Ramos

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