What To Look For When Choosing A Bankruptcy Lawyer In Escondido
Hats off for making this tough judgment call. Deciding to file for bankruptcy is not easy considering the many years of hard work youve already put in your career. Financial matters are personal, and in most cases, we dont care to share them with many people.
However, when it comes to filing for bankruptcy, you cannot do it alone. The time to suffer in silence is gone. At Chang & Diamond, we appreciate the importance of finding a good bankruptcy attorney who can help make your situation less painful than it already is.
As a result, we have compiled some useful tips that can help you decide on the best lawyers to assist you in easing the burden of debt on your shoulders.
Under Your Direction And Control The Bankruptcy Petition Preparer Generates Bankruptcy Forms For You To File Either By Typing Them Or Inputting Information Into A Bankruptcy Software Program
These forms, collectively are referred to as the schedules and ask you to describe your current financial status and recent financial transactions . Whether youre filing for chapter 7 or chapter 13 bankruptcy It is possible to file bankruptcy without an attorney, and chapter 13 cases present even more challenges for pro se filers than chapter 7 cases. Filing without an attorney the information on this page is provided for individuals filing bankruptcy without attorney representation . The trustee is also the person that will be asking you questions at your 341 meeting. Whether filing on your own will make sense will likely depend on: The trustee will be your primary point of contact during your texas bankruptcy, especially if youre filing without a bankruptcy lawyer. You may lose property or other rights if you do not know the law. Filing bankruptcy without the help of an attorney can be even more confusing and stressful, and mistakes can be costly. filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law. Bankruptcy filing checklists for chapter 7, 11, 12, and 13; 3 minute read â¢ upsolve is a nonprofit tool that helps you file bankruptcy for free. However, before you file for bankruptcy in texas, contact an experienced texas bankruptcy attorney to discuss your case and whether filing for bankruptcy is your best option.
Can You File Bankruptcy If You Are Unemployed In California
In either case, if you are unemployed, it is to your advantage to consult with a lawyer to discuss your options in the state of California. Filing Chapter 7;
The experienced California bankruptcy attorneys at Fitzgerald and Campbell It goes without saying that filing for bankruptcy should generally be a last;
It costs $299.00 to file Chapter 7 bankruptcy in the state of California, and it costs $274.00 to file Chapter 13 bankruptcy. If you cannot afford to pay;
You May Like: How To File Bankruptcy In Wisconsin
Chapter 7 Bankruptcy Fees
The total cost for filing chapter 7 bankruptcy is $338. A request can be made to pay the fees in installments, though they all must be paid in full within 120 days of filing. Individuals can seek a waiver on the fee if he or she can show their income is below 150% of the poverty line in their state and for their household size.
The fees include:
Filing For Bankruptcy In Alberta
Filing for bankruptcy in Alberta is something many Canadians think they have to undergo. Although the recent economic downturn exacerbated the problem of debtors being unable to pay their debts, the truth of the matter is that there are always people in Canada who find themselves in over their heads when it comes to what they owe their creditors. From mortgages to student loans to credit cards, some residents find themselves in a situation they never anticipatedthey cannot keep up with their bills.
Average consumer debt levels in Alberta are the highest in the country with Calgary and Edmonton leading the way. Non-mortgage consumer debt in Alberta hit $29,117 in Q1 of 2019, an increase of 3.4% from 2018. Because of these high-debt loads, bankruptcies in the province are up 13.5% over 2018 with Alberta the only other province to see a significant increase in the rate of bankruptcies.
Read Also: What Is Epiq Bankruptcy Solutions Llc
I Was Ordered To Pay For My Wifes Lawyer Fees Can I Wipe Them Out If I File For Bankruptcy
Divorce can be a war of attrition. The family court often requires the husband to pay the wifes counsel fees, which could be $10,000 or higher. This can definitely take a toll on someones morale and pocket.
Its common to hear about ex-husbands filing for bankruptcy after a divorce is over, and often the husband will list the wifes lawyer fees as a debt on his bankruptcy schedules. Consequently, lawyers fees as a dischargeable debt in bankruptcy become a big issue. The key question is whether the counsel fee debt is declared as a support obligation or property settlement claim.
The California Bankruptcy Court recently declared obligations to pay spousal support and attorney fees as non-dischargeable pursuant to 11 U.S.C. § 523. Van Aken v. Van Aken, 2005 Fed. App. 0001 .
If an ex-husband attempts to discharge a counsel fee award, it is imperative that the wife files an adversary proceeding with the Bankruptcy Court. This request calls for a Court hearing over the dispute, and the Court decides whether the counsel fee award is support and non-dischargeable. Likewise, the Bankruptcy Court could determine the counsel fee award was a form of equitable distribution that can be discharged. The Court could also order the payment terms be restructured. It is important to note that if a non-debtor spouse ignores a spouses bankruptcy filing, disastrous results could ensure. No objection typically means the debtor spouse will successfully discharge a counsel fee obligation.
Speak To An Experienced Bankruptcy Attorney Today
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified bankruptcy lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a;local bankruptcy attorney to discuss your specific legal situation.
Also Check: Epiq Corporate Restructuring Llc
Filling Out Bankruptcy Paperwork
Even if the debtor chooses the correct chapter, pitfalls abound in the paperwork phase of bankruptcy.
- Failing to file required documents. Bankruptcy is form-driven. You’ll have to complete a lengthy federal packet, and, in some cases, your court will have local forms, as well. Many self-represented bankruptcy debtors don’t file all of the required bankruptcy documents, which, if not remedied, will result in a dismissal of the case. You can find information on the forms you’ll need, filing fees, and more in our Filing for Bankruptcy: Getting Started section.
- Failing to protect property.You don’t lose everything in bankruptcy. Property exemptions play a vital role in protecting property in both Chapter 7 and Chapter 13 bankruptcy. But, many pro se filers don’t list the proper exemption to keep an item of property, and, as a result, risk losing it. If you stand to lose valuable property or property you care about , a visit to an attorney might be well worth the money.
- Failing to take required education courses. In Chapter 7 and Chapter 13 bankruptcy filers must receive from an approved provider before filing for bankruptcy, and complete a financial management course before getting a discharge. Many pro se debtors, confused about these requirements, fail to file the proper certificate, which can result in a dismissal of the case.
How To File Bankruptcy Without A Lawyer
When you want to file bankruptcy with a court, you must:
Don’t Miss: Does Declaring Bankruptcy Affect Your Spouse
File Bankruptcy In Texas With Help From Leinart Law Firm
If youre interested in filing for Chapter 7 or Chapter 13, the bankruptcy attorneys at Leinart Law Firm are here to guide you through the process or help you seek an alternative debt relief solution if bankruptcy isnt right for you.;
Get a free consultation and talk to an experienced bankruptcy lawyer today. Call today or email .
Free Bankruptcy Evaluation
Discuss your situation and your options with an experienced bankruptcy lawyer.
Take A Personal Financial Management Instruction Course
Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors. Take a look at the U.S. Trustee Program’s site to find an approved course near you. After you’ve completed the course, the last step is to wait to hear from the bankruptcy court whether your debts have been discharged.
You May Like: Bankruptcy Falls Off Credit Report
Getting A Lawyer To Help You With Your Bankruptcy
Bankruptcy is a specialized area of law that is very complex. And the issues are not always apparent or simple. The bankruptcy laws changed in October 2005 to discourage many people from filing for bankruptcy. So the law became more complicated. And there are more situations where a mistake can result in your case getting dismissed. If your case is dismissed, the bankruptcy court often imposes a penalty of 180 days before you can refile, and in this time period a lot can happen. This is why it is so important to have a lawyer advise you and help you with your bankruptcy.
Find a lawyer who can help you work through the issues, alternatives you may have, and consequences of your choices.
- Pick a lawyer with whom you are comfortable, one who will allow you to ask questions and give you responses that you can understand.
- Pick a lawyer who either specializes in bankruptcy or does a large part of his or her practice in the field.
- Ask questions until you understand what your choices are.
- Don’t be afraid to interview a lawyer and leave without hiring him or her.
If you decide to represent yourself in bankruptcy court, read a guide for Filing for Bankruptcy Without an Attorney.
To find a good bankruptcy lawyer:
- Check state bar groups and specialization/certification programs for bankruptcy lawyers in your community.
- Ask other lawyers or tax preparers you know for recommendations.
Insolvency & Bankruptcy Statistics In Alberta
Last 8 quarters
Bankruptcy rates are back on the rise after falling in 2018. During 2019, the number of filings for personal bankruptcy totalled a little over 400 per month on average. That is a 13.5% increase from the previous year. These numbers dropped at the start of 2020 indicating that Albertans are finding more success with other debt solutions such as debt settlement programs;that are available to the public.
You May Like: How To File Bankruptcy In Wisconsin
Will A Bankruptcy Lawyer Increase My Chances Of A Good Outcome
Yes, yes and yes! Hiring a bankruptcy attorney in Escondido, CA and the nearby area may drastically increase the chances of you receiving a discharge in your particular matter.. For instance, it has been estimated that on average only 1 out of 25 people has their chapter 7 case dismissed or ordered to be converted to a chapter 13 case when they are represented by a bankruptcy lawyer. On the other hand, if you file on your own, you will face an approximately 30 percent risk of having your case dismissed or converted to chapter 13. Dont risk this adverse outcome. Come see the professionals at Chang & Diamond.
Whats more, based on the reports published by the U.S. Bankruptcy Court for the Central District of California, on average, 60% of Chapter 13 filers using an attorney manages to get a repayment plan confirmed. On the other hand, in the case of people who represent themselves, this number is significantly lower, usually amounting to only 2%.;
Chang & Diamond, APC has a long history of providing legal representation in bankruptcy cases. Our hands-on experience with a wide variety of different filing types is what makes us stand out from the crowd. So, if you want to play it safe and avoid any unnecessary risks, you can fully rely on us to deliver excellent results and help you win the case.
Skipping Mandatory Credit Counseling Classes
There are two sets of bankruptcy-related credit counseling classes you have to complete:
- Pre-filing credit counseling within 6 months before your petition is filed
- Post-filing financial education, completed after your petition is filed, but before your debts are discharged
If you skip either of these steps, your bankruptcy could be delayed or dismissed, forcing you to start over. Your attorney can help you sign up for counseling and provide proof of completion to the court.
Filing Bankruptcy Without A Lawyer: Can Or Should You
It is possible to file a Chapter 7;straight bankruptcy or a Chapter 13 payment plan case without a lawyer, but before you do, there are some things you should think seriously about. This is not a decision to take lightly. If you make any missteps, you could end up worse off than you are now.;
Here are some things you need to consider.
Youre Our First Priorityevery Time
We believe everyone should be able to make financial decisions with confidence. And while our site doesnt feature every company or financial product available on the market, were proud that the guidance we offer, the information we provide and the tools we create are objective, independent, straightforward and free.
So how do we make money? Our partners compensate us. This may influence which products we review and write about , but it in no way affects our recommendations or advice, which are grounded in thousands of hours of research. Our partners cannot pay us to guarantee favorable reviews of their products or services.Here is a list of our partners.
Take A Debtor Education Course
Before the court will grant your bankruptcy discharge, you must complete a debtor education course from an approved provider. The purpose of this course is to help you learn how to manage your finances better and may include information about budgeting, interest rates, using credit cards and how you can begin to rebuild your credit for a successful financial future.
After the course is finished, youll file a form 423 and certificate showing that you completed the course. If you file for Chapter 7 bankruptcy, you must submit your certificate from this course no later than 45 days after the date of your meeting of creditors. You may even take the course before the meeting if you wish.
If you file for Chapter 13, you have until the date you make your last payment to submit your certificate from your debtor education course. However, taking the course early on can help you learn budgeting and money management skills that can benefit you throughout the repayment period.
Filing For Bankruptcy With The Court
To begin filing for bankruptcy with the court, you or your personal bankruptcy attorney must submit a two-page petition along with other forms to your California district bankruptcy court which varies depending on your location in the state. These forms, which are referred to as schedules, require you to describe your current financial situation in-depth and present all recent financial transactions. Failing to disclose any necessary information, whether intentional or not, can jeopardize the outcome of your case.
Something important to note, filing for bankruptcy is not free. Filing for Chapter 7 bankruptcy has a fee of $306 in California, while it may not be waived you may be able to make the payment in installments. Chapter 13 bankruptcy in California has a filing fee of $281 which may not be waived.
Also Check: What Is A Bankruptcy Petition Preparer
Entities That Cannot Be Debtors
The section of the Bankruptcy code that governs which entities are permitted to file a bankruptcy petition is 11 U.S.C.;§;109. Banks and other deposit institutions, insurance companies, railroads, and certain other financial institutions and entities regulated by the federal and state governments, and Private and Personal Trusts, except Statutory Business Trusts, as permitted by some States, cannot be a debtor under the Bankruptcy Code. Instead, special state and federal laws govern the liquidation or reorganization of these companies. In the U.S. context at least, it is incorrect to refer to a bank or insurer as being bankrupt. The terms insolvent, in liquidation, or in receivership would be appropriate under some circumstances.