I need a:
Close to:
List Your Business for FREE!

Advice

In the Red: Finding a bankruptcy lawyer


Before deciding to engage an attorney, it's advisable to spend some time carefully and honestly evaluating your financial situation, possibly with the help of a qualified financial professional.
In medieval Italy, when a businessman did not pay his debts, the custom was to smash his trading bench. The term bankruptcy comes from the Italian for broken bench, "banca rotta."

Today, U.S. bankruptcy law is a federal court process designed to help give debtors, both consumers and businesses, a sensible way to begin new economic lives. Ideally, hiring a bankruptcy attorney will help eliminate and repay debts under a bankruptcy court's protection.

There are two types of bankruptcy: liquidation and reorganization.
  • Liquidation


  • In a liquidation bankruptcy (known as Chapter 7), you would ask a bankruptcy court to wipe out your debts. In exchange for the discharge of debts, your nonexempt property would be sold and the proceeds would be used to pay off your creditors.

    This may not be worthwhile if you can't wipe out enough debt (not every kind of debt qualifies) or if you have to sacrifice too much property.

  • Reorganization


  • In a reorganization bankruptcy (known as Chapter 11, 12, or 13), the debtor files a plan with the court that outlines a proposal for repaying his creditors. Some debts must be repaid in full; for others, only a percentage of the balance must be repaid. Others aren't paid at all.

    The amount a debtor must repay depends on the amount of property he owns and the types of debts he owes. If you have secured debts (current car notes, current mortgage payments, student loan debt or tax debt) under $871,550 and unsecured debts under $269,250, you can file for Chapter 13.

    Consumers with debts in excess of the Chapter 13 debt limits and businesses can file for Chapter 11 — an intricate, time-consuming and expensive process primarily used by businesses.
When do I need a bankruptcy lawyer?

Hiring an attorney can be helpful at several stages of the bankruptcy process. Your attorney may be able to negotiate with creditors to settle your unsecured accounts (for example, your credit cards, utility bills, personal loans and business debts) for less than the balance owed, giving you an alternative to bankruptcy.

See these profiles of bankrupty lawyers on Kudzu.com.

An attorney also can help you evaluate your options when deciding which type of bankruptcy to file. If you face numerous claims and have significant assets at state, a bankruptcy lawyer can provide specific help in setting assets in order and handling the files.

Before deciding to engage an attorney, it's advisable to spend some time carefully and honestly evaluating your financial situation, possibly with the help of a qualified financial professional.


Would you like to comment on this article?
Nobody has commented on this article yet. Be the first. Submit your comment using the form below.
Comment on this article

Name: You are not currently logged in.
Comments:
*HTML not allowed. Comments will post within 5 minutes.


Recently Added Deals
FREE DESIGN CONSULTATION!
Limited time offer. Call Today or visit one or our showrooms at 1604 & Judson Rd or at IH-10 & Boerne Stage Rd.
With Valpak? coupon only.
Coupon void if altered.
ex 12/13/2009
Paradise Decks and SpasPreview and print coupon
SAVE UP TO $350 ON ANY PROJECT!
Mention promo code VP1108 @ time of booking. Minimum project requirement. Based on a 10% discount.
Not valid with any other offer.
With Valpak? coupon only.
Coupon void if altered.
ex 12/13/2009
Shaw Company ConstructionPreview and print coupon
SAVE $50 ON ANY WORK OVER $250!
Offer subject to change without notice. Expires 6/30/09
Not valid with any other offer.
With Valpak? coupon only.
Coupon void if altered.
ex 12/13/2009
Handyman Connection San AntonioPreview and print coupon
$25 OFF!
For projects over 2 hrs. Exp. 10/31/09.
Not valid with any other offer.
Coupon void if altered.
ex 12/13/2009
Handyman MattersPreview and print coupon