All Bankruptcy Cases Handled by Bankruptcy Lawyers
All Bankruptcy Cases Handled by Bankruptcy Lawyers
Whether you need to file for bankruptcy or if you are already a filer, you should be aware that there are a few things you can do to help you stay on track. For starters, you need to know that there are two basic types of filing: Chapter 7 and Chapter 13. Each type has its own set of legal requirements, and you need to keep your paperwork in order in order to stay on track.
Chapter 7
Whether you’re a debtor looking to save your property, or a business owner wanting to reduce your debt, a bankruptcy lawyer can help you file a bankruptcy. But before you begin, there are a few things you should know.
First, bankruptcy allows you to discharge most unsecured debts. This includes credit card bills, medical expenses, personal loans, and even parking tickets. Depending on your situation, you may also be able to keep some of your property. However, you are still responsible for paying some of your creditors.
In addition, the Fair Debt Collection Practices Act limits what third-party debt collectors can do. It also protects you from debt collectors who overextend themselves.
You may be able to keep some of your property by filing bankruptcy Chapter 7. However, the trustee may attempt to recover money you owe on your property. Alternatively, your assets can be auctioned to pay off your creditors.
Chapter 13
Whether you are a business owner or an individual, a Chapter 13 bankruptcy case may be right for you. This type of bankruptcy can help you to reorganize your debt and stop foreclosure proceedings. It is also a good way to protect your assets.
The key to filing a Chapter 13 bankruptcy is to develop a realistic payment plan that will fit your budget. This can involve reorganizing your mortgage payments, repaying your vehicle, or making direct payments to your creditors. In addition, you must devote a portion of your disposable income to your plan.
A Chapter 13 lawyer can help you determine if you qualify. He or she will review your income, expenses, and other factors. Then, the attorney will develop a feasible plan.
Debt collectors
During the bankruptcy process, creditors must be aware of the fact that you have filed for bankruptcy. This is important, as you may receive calls from debt collectors.
There are several types of debt collectors, and their methods vary. Some may ignore the bankruptcy, while others will use every trick in the book to get your money.
In some cases, a creditor can sue you for damages, including attorney’s fees. In other cases, a creditor may repossess property without your permission.
You should also be aware of the Fair Debt Collection Practices Act (FDCPA), which is an anti-debt collection law. It is designed to protect consumers from bogus and unethical debt collectors.
You can also ask your lawyer to advise you on how to handle your debt collection. For example, you should not call a debt collector on your own.
Automatic stay
During a bankruptcy case, the Automatic Stay is a court order that prevents creditors from trying to collect on a debt. This gives the debtor the chance to reorganize and avoid legal action.
In most cases, the automatic stay only lasts for 30 days, but it can last much longer if the debtor shows good faith. It is important to seek bankruptcy counsel if you are considering bankruptcy.
The Automatic Stay is an effective restraining order. It stops creditors from contacting the debtor, knocking on the door, or sending letters. It also freezes any other actions against the debtor, such as lawsuits.
If a creditor violates the automatic stay, he or she may be sanctioned by the federal Bankruptcy Court. Depending on the violation, the creditor may be ordered to pay actual damages or attorney’s fees.
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
If you have any questions or in need a Bankruptcy Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676–5506
https://www.ascentlawfirm.com
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