Bankruptcy Lawyer – An Overview

There is an ever-increasing trend in the amount of people who file for bankruptcy each year. We all remember the mortgage bubble of 2008. Fortunately, the economy is improving. But whether the economy is doing well or badly, there are always people who find themselves in financial dire straits. If you are one of those people, you could decide to file for bankruptcy for a variety of reasons. The most common reasons are as follows.

– It could be that you are experiencing a stressful amount of harassment from your creditors.
– Your recent divorce has left you struggling financially.
– You are suffering from illness or a disability and you are no longer able to work.
– One of your assets is about to be repossessed by the bank.
– You have lost your job and you are struggling to keep up with your financial responsibilities.

Whatever the reason for your need to file for bankruptcy, you shouldn’t go it alone. There is someone to help you through the process. Bankruptcy is a complex and specialized area of the law. It is difficult for laymen to understand it all by themselves. If you are considering filing for bankruptcy it is imperative that you hire a bankruptcy lawyer to assist you each step of the way to ensure that you do not come out of the process worse off than you were before.

There are different kinds of bankruptcy and you need a bankruptcy lawyer to help you figure out which is the type that you need. A bankruptcy lawyer will be able to look at your case and advise you as to what options you have and which route will most likely be the better option for you. The most common kind of bankruptcy is Chapter 7. But just because it is the most common does not mean it is the best for you. And this is where a good bankruptcy lawyer will be able to help you.

Bankruptcy lawyers are not the general lawyers that you can find anywhere. They have specialized training in this field as it is a specialized area of the law with its own rules and regulations. Bankruptcy lawyers have at least some experience working as clerks or interns for more experienced bankruptcy lawyers. Naturally, you want to hire the lawyer with the most experience. Having a good education and good training does not guarantee that a lawyer will be a good bankruptcy lawyer for you.

The only way to judge whether a bankruptcy lawyer is good or not is to look at the cases that they have handled in the past. Find out what proportion of those cases have been successful. Also, having a high success rate is not a good enough determinant. You have to determine whether or not that lawyer has been successful with cases that are similar to yours. If you are filing as an individual there is no point hiring a business bankruptcy lawyer as the types of bankruptcy and the procedures are not the same. Similarly, it is not advisable to hire a divorce lawyer to help you with your bankruptcy case.

Filing for bankruptcy is a life changing decision that should not be made lightly. You need to be able to make an informed choice. A bankruptcy lawyer is the best professional to help you make that choice and to guide you through each step of the process. When you are consulting different bankruptcy attorneys, make sure that you contact your local bar association to find out whether or not that lawyer is in fact specialized and qualified in that area of the law.

Business Bankruptcy Lawyers

Bankruptcy is one of the biggest burdens for an individual or for any type of business. This is a situation where the business cannot meet its debt obligations; in a state of declared bankruptcy, the debtor disburses his assets to the creditors. The action is conducted as prescribed by the National Bankruptcy Act. If you must declare bankruptcy, you need not worry since there is a business bankruptcy lawyer to assist you with putting your assets in order and to smoothly take care of the files for bankruptcy.

A business can go bankrupt in several ways. The most common way is that a business can willingly declare bankruptcy. A business will also become bankrupt when it makes a suggestion to its creditors that is not accepted by them. Sometimes the creditors can push the business into bankruptcy by filing an appeal with the court.

Filing for business bankruptcy can be a complicated and frustrating process. Having an excellent lawyer can make the whole procedure easier. A business bankruptcy lawyer is familiar with the principles of bankruptcy laws and their applications. The lawyer explains how these principles function to relieve businesses from financial obligations and thus provide a fresh financial start.

Bankruptcy lawyers provide you with crucial information and feedback whenever requested. In order to get the utmost benefit from them, it is important that you give the lawyers a very sincere picture of your financial condition. If you fail to do so, you could encounter problems. A bankruptcy lawyer can file a petition only in the presence of the debtors.

Finding a business bankruptcy lawyer is relatively easy. The best way is to ask for suggestions from legal professionals. If you find a bankruptcy lawyer in the circle of your acquaintances, start there. Another way is to spend a day at a bankruptcy court. Watching the lawyers in action can give you an idea of the lawyer you want to represent you.

What To Do With Bankruptcy Lawyers

The reasons why, if you are facing bankruptcy, you should only deal with specialist bankruptcy lawyers.

People who file for bankruptcy generally go through the unpleasant process only once in their life time. The experience is usually more than enough for the average person. The stages that lead up to bankruptcy can be totally traumatic, with pressure from all and sundry, and the feeling of failure that accompanies it.

Then one day the sickening realization begins to sink in that you are not going to make it and the protection of bankruptcy appears like a desert island in a choppy sea, and you can’t wait to swim there. But you need someone to throw you a life belt, and if you are wise or lucky, the person throwing a life belt will be a specialist bankruptcy lawyer.

Help! I’m drowning in spiraling debts. I need a lawyer, but not just any lawyer. I need a bankruptcy lawyer!

In an average lifetime, people usually have to deal with lawyers maybe four or five times. That should be enough for most of life’s challenges. Many people take comfort in the fact that they have a family lawyer, who they can call on to attend to simple legal issues. However this type of lawyer could deal the kiss of death for your bankruptcy. They will be emotionally and professionally ill equipped to handle your case, and the best piece of advice he or she can give you is “Go somewhere else.”

The reason for this short but meaningful suggestion is that they are well aware that in recent years practicing law has moved into specialist areas. There are lawyers who deal with criminals, there are lawyers who deal with corporate law, copyright laws and finance. Then there are bankruptcy lawyers.

As you find yourself swimming towards the island of bankruptcy protection, the last thing you need is a criminal lawyer inflating your life raft, or for that matter a lawyer dealing in corporate law or any other form of lawyer, apart from a bankruptcy lawyer. Only he or she has the specific information, experience and understanding to handle your bankruptcy filing and produce the best results on your behalf.

Once you have absorbed this fact, then you are now trapped on the desert island of bankruptcy with your bankruptcy lawyer. You have to provide them with all the information that they need. There are many people who, despite the fact that they are paying their newly found bankruptcy lawyer a very tidy sum to handle their case, they refuse to submit the full details of their financial situation. They are either embarrassed to find themselves in such a situation, while others foolishly try and keep some funds aside for survival purposes after the bankruptcy. Bankruptcy lawyers are no fools and they have a responsibility to the legal system, even more than they do to any specific client. If you find yourself in a situation where you have become insolvent, then it is in your best interest to come clean with your bankruptcy lawyer to the full extent of your financial affairs.
If all goes well, and your new found friend and specialist bankruptcy lawyer has handled your case efficiently and well, backed with all the accurate information you have provided, your bankruptcy will be behind you. You might even find yourself doing the back stroke to dry land of undischarged bankruptcy, safe and secure in the arms of your bankruptcy lawyer who will guide you there.

After that you will be on your own, protected from your creditors, older and wiser and ready to build your life and your credit rating from new.