What Does A Bankruptcy Lawyer Do?
Due to the complexity of bankruptcy law, there are attorneys that focus their practice on bankruptcy. For personal bankruptcy, you are not required by law to have legal representation. However, the smart thing to do in complex situations is get professional help.
One of the most important jobs of the bankruptcy attorney is to put the client’s mind at ease. With a reliable lawyer, your questions are answered, you receive guidance, and you entrust the bankruptcy process to experienced hands. Your lawyer can also help set up credit counseling to help you avoid future financial problems.
Ensure You Get The Most Out Of Bankruptcy Meetings
All bankruptcy proceedings require meetings that you must attend, for example, the creditors meeting. These meetings are conducted by a trustee who is assigned by the court to your case. At the creditors meeting, your creditors (or their attorneys) will ask you (or your attorney) about your financial situation. You might be asked if you have read and signed your bankruptcy petition, or if you have disclosed all your creditors, debts and assets. At the end of the meeting, the trustee decides if the meeting has been completed or if it needs to be continued at a later date. A good attorney ensures that nothing is overlooked in these meeting and that your rights are protected. Good legal representation also makes it less likely that you will have to appear later in bankruptcy court.
Navigate Complex Legal Matters
Bankruptcy law is complex. A good lawyer can help you understand the language associated with the proceedings. Each bankruptcy situation requires careful consideration, for example, is it better to file for Chapter 7 or Chapter 13? Each district court also has its own set of rules and regulations that must be understood and honored. A reliable lawyer will advise you on how to avoid fraud or the hiding or destruction of property. None of these tactics are necessary since there are proper legal methods for you to get back on your feet.
Bankruptcy attorneys help with the filing of papers and forms. If just one form is overlooked, your case could be dismissed. The forms for Chapter 7 and Chapter 13 are not the same, and there are other forms, called “schedules” that define your property, income and expenses. A form regarding your current financial affairs must also be filled out.
Tracking Down Records
Part of the bankruptcy’s lawyer’s job is to find and organize all the necessary financial records. Many people worry about missing paperwork, but a good attorney can hunt it all down and present it properly. This process will help you avoid a creditor requesting a 2004(a) examination, which is a more detailed examination of your financial situation. These requests are sometimes made when a creditor believes that something is being hidden or that not all assets were claimed.
Discharge And Recovery
The attorney’s responsibility is to make sure all follow-up and discharge is complete. Discharge means that you are legally released from the liability of your debt at the conclusion of the bankruptcy proceedings. The recovery process means helping identify the causes of your bankruptcy and how to avoid problems in the future. A good bankruptcy attorney can help arrange education about establishing smart financial habits and reestablishing your credit score.
Peace Of Mind
Sound legal advice is meant to get you through this difficult time as quickly as possible. A good attorney does the work for you and makes sure it is completed correctly and on time.
Call Today For A Free Consultation
Contact Sirody & Associates for a Free Consultation and advice from attorneys that specialize in bankruptcy law. Let our attorneys get to work to get you back on your feet.