What is the Role of a Bankruptcy Attorney?

Bankruptcy is a complicated process that requires you to make a lot of important choices from before you file to after your debts are forgiven...

What is the Role of a Bankruptcy Attorney

Bankruptcy is a complicated process that requires you to make a lot of important choices from before you file to after your debts are forgiven and the bankruptcy process is over. An experienced bankruptcy attorney can help you find your way through the confusing maze of decisions, paperwork, and procedures that come with a chapter 7 or chapter 13 bankruptcy filing.

At the start, a bankruptcy attorney is there to talk to you about the bankruptcy process and help you decide if it's right for you. They help you look at your debts and assets with a critical eye and decide if bankruptcy is the best way to help you or if it would be smarter to try to improve your situation from a different angle. For example, most of your debts may not be able to be wiped out by bankruptcy, like student loans. An attorney can help you figure out if bankruptcy would help you.

If it looks like bankruptcy is the right choice for you, an attorney can help you.

compare the options in chapters 7 and 13. This is a very important decision, and you and your attorney will have to look at many debts, such as the size and type of your debt, the assets you are willing to lose in a bankruptcy, and your ability to pay back all or part of your debts.

Once you decide on a specific filing plan, an attorney can help you make important decisions ahead of time. For example, if you file for Chapter 7, an attorney can help you figure out the best way to keep any assets you don't want to lose so you can pay off your debts. If you file for Chapter 13, an attorney can help you come up with a good payment plan that you can afford. 

Attorneys can also help you think about different parts of your bankruptcy, like how it will affect your co-signers on any loans that will be included in your bankruptcy, or whether you should file jointly with your spouse or on your own. An attorney needs to know everything there is to know about federal bankruptcy laws to be a reliable guide for this part of your decision-making.

During the process of filing, your attorney will help you gather and organize the documents you need. Most of the paperwork has to do with your income, assets, debts, and expenses. Once the bankruptcy papers have been filed and the process has started, your attorney will be your most important guide to make sure you file any additional papers and meet any deadlines.

When you file for bankruptcy, you have to go to court hearings and meet with your creditors. Your attorney will represent you at these meetings and make sure that your best interests are looked after.

This is one reason why you need an attorney who knows a lot about the local court system and the bankruptcy trustees in your area because the way things are done can vary from place to place. If one of your creditors challenges the filing, these hearings could be very important. This is why your lawyer's experience and knowledge of your case are so important.

You should always be able to talk to a bankruptcy attorney if you have questions or need advice as you go through the process. Bankruptcy can be hard and confusing, but a good attorney can bring some clarity and comfort and help make sure it does what it's supposed to do: help you get back on your feet financially.


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