Posts Tagged ‘Bankruptcy Law’

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Where to Find Experienced California Bankruptcy Lawyers

Friday, May 14th, 2010

One of the best places to find lawyers today is on the web. Some will point out there are scams, but if a lawyer has passed the bar, has been working in your area for years, has proof of helping clients across California, and has positive testimonials — these things point out the lawyer is in good standing.

If you’re looking for California lawyers, one of the best places to look is online, such as this blog designed to help consumers with legal help. An experienced lawyer in any state requires some research.  So how do you hire one?

How to Hire a Bankruptcy Lawyer
If you want to hire a bankruptcy lawyer in any state, use good hiring strategies over time. Starting online is a good start, but also look to your local yellow pages. The easiest thing to do is hire the first lawyer you come across; this can be a big mistake. You need to research lawyers, see their experience, discuss fees, and note how they’ve helped others. That should be done with several lawyers–not just one.

By looking for experience, you save yourself a lot of time. You need a lawyer who 1) has at a minimum  of several years experience and 2) specializes in personal bankruptcy cases.

Also, you want a lawyer to be local. You want to meet with him, not just send emails and chat on the phone. Your California bankruptcy lawyer can educate you more in person than at any other point. You have more time to ask questions. Also, you’ll be able to get fair rates, a lawyer who knows California eligibility and federal bankruptcy code, and one who can save you time and headaches in paperwork.

Where to Find Lawyers
So you went online, queried a few lawyers, but you’re not finding a match. No problem, because the State Bar of California has a directory of all the lawyers in your area, what they specialize in, and how to contact them. If you’re in a small town, you might have to hire a lawyer a bit further away. That costs you only a little gas money; you can  and should meet with them.

Tips on What to Look For
Surprisingly, price may not be your first question. After all, this bankruptcy lawyer may have 20 years experience in helping people through bankruptcy, saving homes, stopping creditor harassment, and letting you keep other assets. That is more valuable than the lawyer fresh out of law school.

In either case, price is still an issue. Once you’ve gauged your prospects experience, ask about fees. While actually filing bankruptcy may seem easy, it’s in fact a precise science, and often you will have to appear in court, and always have to fill out a lot of papers. Hiring an experienced California bankruptcy lawyer makes this process simple. You can expect lawyers to charge from $1,000-$2,000, sometimes more.

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Tips on Keeping Your Home Before, During, and After Bankruptcy

Wednesday, May 12th, 2010

Chapter 7 bankruptcy has many clear advantages, but unfortunately not many for home owners. Technically you can eliminate mortgage debt–just don’t expect to keep your home.

So how do you keep your home instead  of Chapter 7 bankruptcy? What can you do during the bankruptcy? And what happens after — will you be able to buy again or negotiate with the lender? This post gives answers.

Before Bankruptcy
Usually Chapter 13 bankruptcy is best for keeping all your assets. The only negative is you have to pay back your debts; you cannot discharge one dollar in Chapter 13. The advantage is, say you have an expensive home you’ve been paying on for 20 years. Do you really want to lose it to pay back debt? And if you have a job, your chances are higher for keeping it with a new debt repayment plan

That said, if you want to keep your home before bankruptcy, no matter whether it’s Chapter 7 or Chapter 13, you need to 1) hire an experienced attorney and 2) make the loan current.

Why hire an attorney?
An attorney is your very best option for keeping your home. No matter your housing market, no matter how far behind you are in payments, an attorney is invaluable.

Why make the loan current?
Really, this is the most important tip of the entire post. According to law, if you get your loan payment current–meaning you pay all delinquent amounts–the lender cannot take your home. If you’re going to file Chapter 7 bankruptcy, you can keep your home if you negotiate with the lender or if  you work with the trustee. For example, if you also wanted to keep your car, you could pay the amount you owe to the trustee so you can avoid losing it.

Is bankruptcy the best option?
Certainly bankruptcy has advantages and disadvantages. For one, if you wait to long to  file, you may lose your home in foreclosure before you can act. But since Chapter 13 bankruptcy can save your home, it’s often the best option.

Will your credit be ruined?
If your home is foreclosed upon, to put it simply, that’s pretty much the worst thing which can happen to your credit.  You will have a lot of trouble getting financing in the future. However, if you avoid foreclosure, bankruptcy looks far better than foreclosure after you file. While foreclosures are as common as bankruptcies, bankruptcy doesn’t necessarily ruin your credit. If you had to choose between losing everything and ruining your creditor, or keeping much and paying back or discharging debts, what would you do?

What’s the first step?
These tips were meant to show you how to successfully save your home from foreclosure. Before you go into foreclosure, consider bankruptcy. During, stay current on payments. And after, rebuild your credit.

The first step would be to hire an expert who can assess your situation. You may want to file Chapter 7, you may prefer Chapter 13, or perhaps there are alternatives. An experienced bankruptcy attorney can help in numerous ways; just hire the right one.

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How To Negotiate Rates with New York Bankruptcy Lawyers

Monday, May 10th, 2010

Can you reduce you attorney fees? How much does bankruptcy really cost if you hire an attorney?

Lawyer prices vary in terms of time involved, how experienced the lawyer is, how fast the lawyer is, if you are hiring a big name firm or a smaller firm, and availability and time.

How Experienced
Experience proves many things, and it does often require a higher fee. On the other hand, you may get a quote much less from an experienced bankruptcy attorney in New York than one who’s less experienced. It may take longer for the latter lawyer to get to your case, for example. Also, sometimes experienced bankruptcy attorneys can do things faster, or do most of the work in a shorter time frame.

How Fast
If one lawyer is inundated with more cases than another, he or she may be able to get your case through much faster. Of course, the courts don’t revolve around this, but you may get a good deal. On the other hand, spending more time on the case may be worthwhile. There may be details in the case overlooked in the rush to get you a lower fee in a shorter time frame. This is subjective, but it bears consideration.

How Big
If you hire a lawyer from the State Bar of New York directory who has a small office, or if you hire a New York firm with dozens of attorneys, you may wonder if that effects price. Once again, it can be subjective. You may get a lower fee from the big firm, with the promise you’re case will be handled by a highly experienced lawyer but completed by a less experienced one. This is often a trick to get you to sign up. In many cases, the bankruptcy will take longer.

If you choose a smaller firm or a single bankruptcy lawyer, they may charge you more, but spend more time on your case. Or they could have openings and charge you less. It varies, but it shows that you should work beyond just referrals and lawyer websites. You should query several experienced New York bankruptcy attorneys in your area.

Can you reduce the price?
Yes, some lawyer fees are negotiable. It’s again dependent on the lawyer. In some cases, the fee will be non-negotiable, being the same fee everyone gets that’s posted online and in the contract. But really, if you’re filing bankruptcy an experienced attorney who wants to help can negotiate 1) how you pay and 2) how much. Some may not be willing to negotiate fees, but will negotiate how you pay them over time. Some might be willing to lower your fee if they see you cannot afford them and will have to hire someone else.

Where to Start
The State Bar of New York and New York law firms are online, and showcase many options. Be thorough, querying as many as you can. And look for the right fit.

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How Foreclosure Works and What To Do

Wednesday, May 5th, 2010

Let’s get right to the problem: how do you handle foreclosure? You’ve fallen behind on your house payments. Now, before you do anything, you need to consider your options. Technically, Chapter 7 bankruptcy will not save your home–you lose it in the liquidation. If you act quickly enough, you can file Chapter 13 bankruptcy in order to save your home.

What really is foreclosure?
Foreclosure means you’ve fallen behind in mortgage payments and your lender decides to sell your home. If you do nothing, you will lose the home. If you act before the lender decides to initiate foreclosure proceedings, you can in fact protect your home with what’s called an “automatic stay,” which stops the foreclosure from going through.

How can Chapter 13 help?
Chapter 7 is a liquidation, Chapter 13 a debt repayment plan. You pay nothing, in most cases, with Chapter 7 as your assets are sold. Chapter 13 means you still owe money, but your payments are restructured over 3-5 years. That means if you can stay current with the Chapter 13 repayment plan, you can keep your home.

Foreclosure Process
Here’s what happens if you fail to act quickly enough. This is what could happen if you wait too long to file, or if you do absolutely nothing.

First, you fall behind in mortgage payments. How soon is this? It varies in different states, but technically foreclosure can begin after one missed payment. However, few lenders act that quickly; the majority wait until you fall far behind.

Second, depending on the state, the lender will usually send a notice explaining their intent to foreclose your property. This is a ten day notice, and by this time it may be too late to file for Chapter 13 to save the home.

The lender’s next step is to file a lawsuit with the courts; if you can catch up with payments, this won’t happen. You have a chance to fight this case in court after being given a summons, by responding within a few weeks. This is your opportunity to prove to the judge that something is wrong with this process. At this point, you might consider hiring an attorney to help you. The best choice would clearly be to hire a bankruptcy attorney before this process is initiated.

The next steps are pretty straightforward: you are told of intent to sell if the courts don’t stop it, an auction is held on your home, and you are either evicted or allowed to stay.

That last step, where you are either evicted or allowed to stay, depends on the state. Many states allow you to stay in the home until you are given an official eviction notice.

Steps to Avoid Foreclosure
These laws can be navigated if you take immediate action. Since the time involved depends on the lender, the court, and the market for your home, sometimes you have more time and sometimes you have little if any. There are few ways to gauge how this will work in terms of time. So upon falling behind in payments, if it’s clear you won’t be able to catch up, contact a bankruptcy attorney. The good news is, with Chapter 13 filing, you can save your home.

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Tips Before You File Chapter 7 Bankruptcy in New York

Monday, April 26th, 2010

Want to file Chapter 7 bankruptcy in New York but have enough questions to fill a book? Well, there are some ground rules for filing New York Chapter 7  you need to be aware of, and tips you need to successfully discharge or pay back debt.

Are you eligible for bankruptcy in New York?
The two main forms of personal bankruptcy, Chapter 7 and Chapter 13 bankruptcy, have clear guidelines for whose eligible to file. In most all cases, you can file Chapter 13. It used to be the same with Chapter 7. With new bankruptcy code, you must now be at the median income or below in your state if you want to file for Chapter 7 bankruptcy.

For example, if you’re a single resident in New York, no matter what assets you have, but make less than  $46, 523, you can file under Chapter 7 bankruptcy in New York. The larger your family, the larger the median income limit. If you make less than $57,000 and your family size is 2, you can file bankruptcy. It goes up from there, as in  other states.

Sometimes you may not be eligible for Chapter 13 bankruptcy. If you have more than $336,900 in unsecured debt, you cannot file. If you have more than $1,010,650 in secured debt, you are not eligible.     However,if you have less than those numbers in unsecured and secured debt, as most do, you are eligible for Chapter 13.

To be sure these numbers are up to date, or for different states, you can find out the median income for your state, along with current bankruptcy code for secured and unsecured debt.

What bankruptcy is better for New York bankruptcy filers?
It depends on your current income status, mainly. What’s best for you can be helped with a professional  bankruptcy attorney. Here are some tips:

-If you have a lot of credit card debt, only Chapter 7 bankruptcy can eliminate it
-If you fear your home will go into foreclosure, Chapter 13 bankruptcy can delay it several years and help you keep it
-Chapter 7 bankruptcy does not eliminate tax or alimony debts
-Chapter 13 bankruptcy only buys you time: you still need money

How do you hire a bankruptcy attorney in New York?
Hiring a bankruptcy attorney comes down to many factors, including: experience, rates, and workload.

If your attorney has little experience in bankruptcy law, even if he or she is a friend, you should hire a professional. The more experience does not always mean more rates either, but some attorneys charge you higher than others. Lastly, you don’t want to hire a New York attorney who’s inundated with clients; good for him or her, but can slow the process for you.

Will there be more bankruptcy changes?
There will be more bankruptcy changes at the state level, likely every year as the median income changes. For New York residents, there are alternatives to bankruptcy, but sometimes bankruptcy is your best option. If you’re unsure, consult with a professional.

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What Can You Keep After Filing Bankruptcy?

Friday, April 23rd, 2010

The big question bankruptcy attorneys are asked is: What can I keep after filing bankruptcy? The laws can be complex when it comes to exempt and nonexempt property. So where do you start?

Exempt property is property you can keep. Technically, your home, car, and many possessions can be exempt if you are current on them. This depends on what form of personal bankruptcy you file–Chapter 7 bankruptcy or Chapter 13 bankruptcy.

Nonexempt assets cannot be kept in most cases unless you are filing Chapter 13 bankruptcy, where you have the opportunity to pay back assets over 3-5 years. Nonexempt assets can vary in value, but if you have few valuable assets, and are current on mortgage and car payments, you can often keep the majority of them.

For bankruptcy filers, hiring a professional bankruptcy attorney is simply a must.

What if you file Chapter 7 bankruptcy?
Chapter 7 bankruptcy is a liquidation proceeding where you cancel the majority of your debts, mainly credit card debts. You cannot claim mortgage, tax, alimony, college tuition, and many other forms of debt. You can discharge credit card debt, which is mainly why so many want to use Chapter 7 bankruptcy. Chapter 7 bankruptcy typically only lasts a few months; but bear in mind, any bankruptcy will stay on your record for some time, currently 10 years.

What if you file Chapter 13 bankruptcy?
It’s often noted that Chapter 7 filers are being forced to file Chapter 13. Why are fewer being allowed to file Chapter 7 bankruptcy? It’s mainly because people with higher incomes are filing. If you have enough money to pay expenses, but not enough to cover bills, Chapter 13 bankruptcy can buy you time to pay back bills. No possession–such as your home and car–will be taken if you stay current on them .Also, you get 3-5 years to pay back debts. If you fear home foreclosure, Chapter 13 bankruptcy can save it. It’s important to act early before the foreclosure goes into effect. If you are making enough money to pay most bills, but your house payments are behind, you should immediately inquire with a bankruptcy attorney as to your options.

What money can you keep after filing bankruptcy?
How much money you can have is another important question. If your home and car are valued too high, you may lose them with Chapter 7 bankruptcy. If your car equity is too much, these can be considered nonexempt debts. If on the other hand you have too much money in your account and you have a car or home, these could be taken. These laws can be complex, and  some state laws actually come into play concerning the value of exempt and nonexempt assets. If you’re unsure, a quick consultation with a good bankruptcy attorney can help.

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Tips on Stopping Creditor Harassment Before Bankruptcy

Wednesday, April 21st, 2010

By law, a creditor is only allowed to contact you in specific circumstances. If they’re calling you day and night at insane hours, you can sue. You should contact an attorney immediately.

But when is the time creditors “can” call you?
The times are between 8 AM and 9 PM, Monday-Saturday. If they do not follow these laws, you have grounds for a case against them (we’ll go over that more).

If creditors call you during the legal times, you still have rights under Federal and State laws. A creditor  can rarely if ever contact you at work. If they contact your neighbors or family looking for you, you also have a right to stop it.

How can you stop creditor harassment?
If you owe money, creditors have a legal right to contact you. However, what you can do is write a letter stating you want the contacts to stop; by law the creditors have to stop. What do you say in the letter?  You simply make it plain you want no more contact with the creditor anywhere, or to friends and family.

What if a creditor threatens you?
Unfortunately, this happens often enough to be noted, as creditors sometimes are known to threaten debtors. If a creditor threatens to hurt you, garnish your wages, or threaten you in any other way, it’s illegal. A creditor, for one, can never threaten to garnish your wages, even if they plan on doing so. Of course, it’s obvious threatening to hurt you is a major crime as well.

What if a creditor sends you a letter?
There are laws designed for letters from creditors too. The letter must state: you have 30 days to dispute the amount or the debt will be considered valid, how much the debt is, the name you owe money to, and that anything you say can be used against you. This is much like a Miranda, and just as in criminal law, there are rules on what creditors can and should say.

How can you sue a creditor?
The good news is, creditors are sued successfully on a regular basis. The bad news  is, the most you can collect from the creditor is $1,000. However, it does make a big statement. You still owe the money, but the creditor may have learned a valuable lesson.

What are your options if they follow all laws?
You have the right to 1) send them a letter asking for no more contact and 2) a lawyer to take any future creditor calls. If you file bankruptcy and hire a bankruptcy attorney, all future calls from the creditor should go directly to your attorney. This stops creditor harassment. There are alternatives to bankruptcy, but if you’re in over your head with debt, Chapter 7 and Chapter 13 bankruptcy are reasonable options for eliminating or managing debt.

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How Long Does Bankruptcy Last? Notes on Personal Bankruptcy Chapter 7 and Chapter 13

Monday, April 19th, 2010

Bankruptcy gives you a fresh start financially. But it’s not for everyone.

So when should you file for bankruptcy?

There are many theories posted online about this subject, but keep in mind few bankruptcies are exactly the same. In some cases, you might be trying to save the home you spent your life paying for. In other cases, you may have fallen into debt due to a medical condition. Even simple credit card overspending, or less than simple job loss, can lead to bankruptcy

Bankruptcy does have advantages, especially when you consider personal Chapter 7 and Chapter 13 bankruptcy. Filing for bankruptcy is not about giving up; it’s about reworking your finances so you can get a second chance.

The question posed in the title–how long does it take to file bankruptcy–is easier to answer than why you should file.

The process for Chapter 7 bankruptcy typically only lasts 3-4 months. You hire an attorney, file with the courts, get a trustee who liquidates your nonexempt assets, and then you are for the most part free of creditor harassment, demanding letters from the bank, and huge interest rates on your credit card debt. Still, Chapter 7 bankruptcy should only be used in certain cases: in some respects, it’s the best form of bankruptcy available; but in others, you might lose many of your assets such as your car and home. It depends on what assets will be exempt and nonexempt. For instance, you cannot cancel mortgage debt, so this won’t save your home from foreclosure. You can eliminate the majority of your debt, especially credit card debt.

Before Chapter 7 bankruptcy begins, hire a professional bankruptcy attorney to look over your case. As you’ll have to follow court guidelines such as taking debt management classes and showing your income and debt.

Chapter 13 bankruptcy typically lasts 3-5 years. You hire an attorney, file with the court, create a plan to pay back your debt over this period, and hopefully at the end you’re back on your feet. If you still have an income, can pay monthly expenses, and follow court guidelines, you will be better off financially within a few years. Many debtors who make enough money are now being told by courts to file for Chapter 13 bankruptcy; this is because Chapter 7 bankruptcy involving canceling credit card debt is much more common.

So we know how long Chapter 7 and Chapter 13 bankruptcy take. How long should it take for you to get a fresh start? If you have to file bankruptcy again, can you? Getting financially solvent is another complicated question, but with the right plan, with the advantages of bankruptcy, you can. However, this bankruptcy will remain on your credit report for 10 years, which can limit your spending.

You can file for Chapter 7 or Chapter 13 bankruptcy again after six years time has passed. At this point, it may seem like you can never get your finances in order. However, a good bankruptcy attorney can help you beyond the court room: he or she can also help you stop creditor harassment.

The advantages of bankruptcy are many, the time it takes most often a few months or a few years, and the costs small in comparison to what you gain. If you’re interested in filing for bankruptcy, if you want a fresh start, contact a good bankruptcy attorney today.

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How to Choose a Good Los Angeles Bankruptcy Attorney

Wednesday, April 14th, 2010

Hiring Los Angeles bankruptcy attorneys is tough, right? In fact, with literally tens of thousands of attorneys and thousands of bankruptcy attorneys, it seems easy. You have many options. You can negotiate process. You can get the best one for the deal. Bankruptcy gives you a fresh start, but one of the most important choices you make is in hiring a good bankruptcy attorney.

However, not all Los Angeles bankruptcy attorneys are a good fit for you. First, some are dishonest and  overcharge you (over billing you on hours, for example). It should be said there are just as many if not more honest Los Angeles bankruptcy attorneys as there are good ones. It’s choosing between the two which is hard.

Making a List of Good Los Angeles Bankruptcy Attorneys
The best way to find bankruptcy attorneys in Los Angeles is to use the web. This saves time on cold calls. You can also work via referrals, as you may know someone who worked with a particularly good bankruptcy attorney. How many Los Angeles bankruptcy attorneys should you consider? There is no big rule on how many you can choose, but 5-10 in your initial list is good, as you can focus on the most experienced.

Initial Queries to Los Angeles Bankruptcy Attorneys
Once you have that list, you want to start making phone calls and sending emails, whichever is easier for you. You should confirm the attorney specializes in bankruptcy, knows federal laws, and can help you immediately.

Inquiring on Workload
You should also query the attorney on how much work they have, as well as who you will be working with directly. You don’t want to be one of 100 clients for one or two bankruptcy attorneys in a firm. You could ask them if they are overloaded, but just ask how much time they have to spend with you.

Asking on Fees for Bankruptcy Attorneys
Just as important as workload is affordability. Since not all Los Angeles bankruptcy attorneys are equal, have the same skills and degrees, you may not always want the cheapest or most expensive one. Choose an attorney who has helpful bankruptcy knowledge, can educate you on the process, has years experience, and does not charge a fortune. Hiring the first attorney you find may work out, but it rarely does; the same could be said of hiring the cheapest.

Hiring the Best Bankruptcy Attorney
Once you’ve made your list and inquiries, there will likely be a few standouts. You do want your attorney to be close so you can meet with him or her from time to time. Choosing may seem hard, but you don’t have to agonize over this. Be clear on rates, ask for references, and make an informed decision.

Filing Bankruptcy in Los Angeles
Does the idea of filing bankruptcy scare you? The sad truth is that many just like you feel the same way. A good Los Angeles bankruptcy attorney can offer guidance on how to handle your finances, how to clear debt, how to stop creditor harassment, and how to get a fresh start.

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What the Case Trustee does during Chapter 7 Bankruptcy in Las Vegas

Monday, April 12th, 2010

Chapter 7 bankruptcy has many clear benefits for Las Vegas residents in deep debt and with few options. Instead of borrowing more money or losing everything, you can eliminate many debts including hospital bills, mortgages, and credit card debt (but you may lose your home in Chapter 7 bankruptcy).

The case trustee administers your liquidation of debt by selling all your nonexempt assets. This means exempt assets, including possessions like food and clothes, will stay safe. Nonexempt assets include your car and home. Typically, the more you have the more you lose. It’s wise to get counsel from a professional Las Vegas bankruptcy attorney, to study personal Chapter 7 and Chapter 13 bankruptcy yourself, and to be aware of all laws including the role of the case trustee. Let’s go over what the case trustee does.

Liquidation for Chapter 7 Bankruptcy in Las Vegas
If you have no assets, which is the most common in bankruptcy, you will lose no assets and your creditors will receive nothing. If you have many assets, you might lose some of them.  It’s most common to lose absolutely nothing.

Liquidation involves you filing the petition, a court receiving it and assigning a trustee, and for any creditors you owe money to have to claim it. Within 90 days, unsecured creditors have to file statements on debts with the court. The money made from the liquidation will then go to creditors. Within 180 days, government units have to file paperwork as well. Again, in cases where the debtor has no assets, the creditors have nothing to claim.

The “Estate” and Chapter 7 Bankruptcy in Las Vegas
The estate will be the owner of all the debtor’s nonexempt property, including cars and homes in some cases. The money paid to creditors will come from this estate. Section 726 of the Bankruptcy code is where the powers given to the estate comes from. There are six classes of claims for each creditor, and each has a right to the debtors assets. After all these are paid, the debtor can hold onto whatever assets are left.

The Discharge for Chapter 7 Bankruptcy in Las Vegas
Finally, when the creditors are paid, or get nothing if the debtor has few assets, the discharge is made. According to the U.S. government, debtors receive a discharge 99 percent of the time. This is very good news, as odds are in a matter of months you will be debt free. This process typically takes only 3-6 months.

The Role of the Las Vegas Bankruptcy Attorney
If you want to file Chapter 7 bankruptcy in Las Vegas and are unsure of laws such as exempt and nonexempt property, contact a professional bankruptcy attorney with the experience you need. While bankruptcy on paper sounds like a quick process, in reality it takes a lot of skill to file all proper documentation, handle the courts correctly, and come out ahead.

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