By Administrator in Bankruptcy Attorney | 0 Comments
Filing bankruptcy is a scary and tedious process. A person forced to file bankruptcy is emotionally spent and unable to deal with the necessities, filings, and handlings of a bankruptcy case. It is draining and impossible to stay on top of it unless you are a bankruptcy lawyer. But, how do you find the right bankruptcy lawyer? What are the guidelines to follow when hiring one? Here are a few tips on how to choose the right bankruptcy attorney for you.
Attorney Bar Association
Where do you start when searching for a bankruptcy attorney? The yellow pages do not cut it during these tragic situations, so why not contact your local attorney bar association. Call your local bar association and enquire regarding who sits on the bankruptcy court panels in your area. Generally, the attorneys on the bankruptcy court panels are experts in the field adding to the confidence level you should have in him/her when selecting someone in this manner. This will help narrow down your selection in an effective manner.
References
Unfortunately, more people have filed bankruptcy in 2009 than in past years and it shall only increase as we approach 2010. Thus, ask around. Find out who has handled bankruptcy related issues amongst your relatives, friends and loved ones. Ask around your area. For dealing with bankruptcy is difficult and you do not want to make it worse on your family by choosing a lawyer who is not an expert in the field. You need someone with a reputable history of success in handling it with ease. Questioning those you know in similar scenarios is a great way to find out about an attorney before hiring him/her.
Expertise
Ask your lawyer what are the benefits to filing for bankruptcy. What is the difference between filing for a Chapter 11, Chapter 7 or a Chapter 13? What does the attorney need from you to get started? How long will the process take? What should you expect? Who will go to court with you? All of these questions need to be answered before you proceed forth. Thus, find an attorney who is able to supply information addressing these issues. If your potential attorney is unable to answer then he/she is not the one for you.
Fees
When determining on a lawyer ask about fees. Find out what is included in the fees. Is there a written fee agreement? Are there going to be any additional unexpected charges? Have the lawyer outline worst-case scenarios; explain regarding hourly fees, and describe the charge breakdown. If an attorney requests for you to sign a fee agreement upfront do not be turned off by it. For many attorneys do this in the beginning as a sign of their commitment to you as their client. It is considered to show a level of seriousness he/she has about representing you.
Research
You are about to make a huge step in your life and you need to not only check references but research the potential attorney for hire. Check and see if the attorney has any lawsuits filed against him/her. Google the attorney and discover if anything comes up. Call courthouses where the attorney holds court and make inquiries about him/her.
Bankruptcy is a tough situation, so make sure you find a reputable Arizona Bankruptcy Attorney or a Scottsdale Bankruptcy Attorney today.
By Tony Mandarich and Reda Abouleish
By Administrator in Bankruptcy Alternatives, Filing Bankruptcy | 0 Comments
The reality of not being able to make ends meet in corporate and personal financial obligations has never rung more true than in the year 2009. Many business doors closed, foreclosure notes forced families out of their homes, unemployment rate was the highest it has been in over 20 years, and a financial global crisis unraveled before our very own eyes. So what is a business or home owner to do? How do you gain back your pride and build financial stability after it has been shred to pieces? Many Americans turn to filing bankruptcy, specifically, Chapter 13. But what does that mean? How do you know if it is the right option for you? Here is a brief explanation of Chapter 13 so you may see if it is the correct choice for you.
There are many forms of bankruptcy available to address your business and personal dilemmas. For instance, if you were in an accident leaving you unable to work then bills pile up. Moreover, creditors are calling threatening to take away your standard of living due to unpaid bills. What do you do in this situation? Filing for Chapter 13 Bankruptcy might be the right answer for you. For Chapter 13 Bankruptcy filings stop and prevent foreclosure actions from occurring. It may allow you to breathe easier preventing your from being physical removed by authorities from your house.
Chapter 13 Bankruptcy tends to be appealing to businesses as well. For what if you are no longer able to pay mortgage on your restaurant property. Does the government come knocking on your door and take everything away, including the restaurant equipment located inside the business dwelling? What about the kitchen supplies, are the utensils taken away too? In most cases, the answer is yes unless you file for a Chapter 13 Bankruptcy. Chapter 13 Bankruptcy filings do not require the liquidation of assets. In Chapter 7 Bankruptcy liquidation of assets does occur. Therefore, perhaps Chapter 13 Bankruptcy is more suitable to match your needs than a Chapter 7 filing.
Another benefit to filing Chapter 13 Bankruptcy is that the collection efforts must cease during the bankruptcy process. Collectors are not permitted to call, harass and/or disrupt your business and personal life under this process. It is a relief not having to deal with creditors, banks, and businesses who are hounding you nonstop for the sake of collecting. It is surprising to people who are suffering in debt what a relief it is to eliminate this one factor from the situation. It makes a difference allowing people to think more clearly and a chance to gain footing again bouncing back stronger, and wiser than before.
There are many other factors of Chapter 13 that you need to be sure are suitable in resolving your financial woes. But to be sure about the overall understanding of Chapter 13 Bankruptcy, then you need to contact an attorney who specializes in Chapter 13 filings. Ask questions. Do not be shy and gather as much information as possible on the subject so you may make a smart decision for you, your business, and/or your family.
Find an Arizona bankruptcy attorney that specializes in Chapter 13 Bankruptcy today.
By Tony Mandarich and Reda Abouleish
By Administrator in Bankruptcy Alternatives, Before Bankruptcy, Filing Bankruptcy | 0 Comments
This past year was a tough time economically for many people, and 2010 does not appear to be any different. Many people have bills piling up and no means to pay. Unemployment rates and foreclosures are at an all-time high. Businesses are closing, and people are in desperate economical shape. However, how does one determine if it is time to file bankruptcy or not? How do you know when enough is enough? There are various factors determining if bankruptcy is suitable for a person or not. Here is an outline of what aspects needed to qualify.
Chapter 7 Requirements
If you are someone who was recently unemployed and has no other means of income, then you may qualify for Chapter 7 Bankruptcy. The way it is determined is via a Means Test. It is a tool administered by the courts to see how your income compares to other families of same size and location. For instance, if your income is lower than the average median income in your area and no other means to pay your bills and creditors then the courts may approve you under Chapter 7 rules.
Once accepted, the courts will assign a trusted appointee who compiles a list of all of your non-exempt assets. These non-exempt assets are sold to pay off creditors. The rest of your debt is dismissed by the courts. As a result, many people are much more relieved after the process is complete. For it leaves a clean slate to start fresh without the constant worry of past financial mistakes looming overhead.
Chapter 13 Requirements
If your application is rejected due to exceeding the income requirements for a Chapter 7 filing, then Chapter 13 is suitable for you. Additionally, if you have debt legally unreleased by the courts and personal and/or business assets then Chapter 13 would be the best plan to follow. For in Chapter 13, courts will establish a repayment schedule to pay off your debts in an average of 3-5 years. Therefore, Chapter 13 is for someone who has a steady means of income, and assets available.
Chapter 13 will stop your home from going into foreclosure. For once Chapter 13 Bankruptcy is filed the foreclosure process stops. However, it is temporary. You must bring the past-due payments current over a reasonable time. If not, you shall lose your house. Thus, do not think you are completely off the hook. Keep making your regular mortgage payments as explained by the courts and/or attorney. Repaying your missed mortgage payments is part of the process.
Filing for bankruptcy is not a simple process. The emotional ties people have towards monetary belongings are taxing. These emotions easily arise during these times, and the best way to handle the procedure is with support. You need to inform your family and friends what is unfolding. Find yourself a reputable attorney with experience in Bankruptcy law. Do research online to gather as much information about it before proceeding forth.
By Tony Mandarich and Reda Abouleish
Check out an Arizona Bankruptcy Attorney or a Scottsdale Bankruptcy attorney today.
