Dec 09
21
Things To Explore Before Calling A Los Angeles Bankruptcy Attorney
If you are thinking of filing for bankruptcy, you probably have lots of questions. Before making this decision, you should educate yourself as much as possible about the process. You will not have a hard time finding a Los Angeles bankruptcy attorney. However, before you decide to contact one, you should do a bit of research on your own about bankruptcy. It can seem like a magical solution, but there are many factors to consider. Here are a few things to think about when deciding whether or not to file.
Types of Bankruptcy
Several different chapters of bankruptcy exist. Chapter 12 is available to family farmers and fisherman. Chapter 11 usually pertains to businesses. The two types generally filed by individuals are Chapter 13 and Chapter 7.
When you file Chapter 13, you do not eliminate your debt. Instead, you enter into a court-approved rehabilitation plan, in which you make regular payments determined to be feasible when your income and expenses are examined.
In Chapter 7 bankruptcy, most unsecured debt (such as credit card debt) is liquidated. Many types of unsecured debt, however, cannot be discharged through Chapter 7. Some of these types of debt are:
Child Support
Spousal Support
Most Student Loans
Property Taxes
Income tax going back less than 3 years
Effect On Credit Score
The main disadvantage cited when cautioning individuals against bankruptcy of any chapter is that it stays on your credit report for up to ten years. Although this may deter some people, it is important to remember that if you are considering bankruptcy, your credit score is probably in pretty terrible shape as it is. If you think you can pay off your debts individually, or if they are close to falling off of your credit report, then the effect of bankruptcy on your credit score is something to take into serious consideration. However, if you are in a position where your credit score has no chance of improving in the next 10 years anyway, then this is not of much concern.
Bankruptcy Abuse Prevention and Consumer Protection Act
This law went into effect in October 2005, and changed some of the circumstances around filing for bankruptcy. At this point, a filer’s income is subject to a means test, which looks at the debt beside the individuals income, and determines whether the income falls below a median that varies by state. This decides whether or not the person qualifies for bankruptcy. Another change is that now, prior to filing, you must go through an hour long debt counseling session with a non-profit debt management agency, to explore all options for dealing with the debt
Other Methods of Filing
Hiring an attorney is not the only way to file for bankruptcy. Federal bankruptcy forms can be downloaded, and if you are comfortable with your own grasp on bankruptcy laws, filing on your own may be an option. You can also purchase bankruptcy software, which works like the programs available for tax preparation in that it guides you step by step through the filing process. There are companies that offer full service prep online, but they cannot offer any legal advice.
It costs $300 to file, and attorneys generally charge $1-2,000 in fees. Although you should do as much research as possible, and not enter into the decision lightly, it may be that bankruptcy is the best choice for you. If that is the case, it definitely may be worth the fee to have the guidance of an attorney. Explore all possibilities before making your decision.
Want the help of a Los Angeles Bankruptcy Attorney? You need to know about the loopholes of bankruptcy and how they’ll effect you. Make sure you talk to bankruptcy lawyers soon and find out your options!
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