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Filing bankruptcy is a legal option for those struggling with debts that they cannot afford to pay. While personal bankruptcy is often seen as a last resort, the truth is that bankruptcy laws offer legal protection that most other debt-relief options do not.

Deciding if bankruptcy is the right choice and determining if you are eligible to file depends on your unique situation. Let a local attorney assess your financial needs in a free case evaluation. Connect with a bankruptcy lawyer near you today – just fill out the form on this page to get started.

Bankruptcy Protections – What Are They?

Personal bankruptcy offers two key legal protections – one that begins the moment that you file bankruptcy and one that take effect when your case is finished.

The first is called the Automatic Stay. This is a court order that makes it illegal for your creditors to call you, send letters for payment, or garnish your wages during your case. It can also halt foreclosure and repossession efforts in their tracks. The automatic stay typically goes into effect once the bankruptcy court clerk receives your bankruptcy petition and last for the duration of your case.
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Do you wonder on how to file bankruptcy with the current budget that you have? Declaring bankruptcy is not an easy thing to do. This article will teach you the three different ways on how to file for personal bankruptcy. Pick the solution that works best for your current budget.

The Safest Method: Hire a Personal Bankruptcy Lawyer

You should first consider the posibility of hiring an affordable bankruptcy lawyer full-time. This method is the safest way because your attorney will guide you through the entire process. The attorney will be the one to prepare your case and file it to the Federal Bankruptcy Court. The only downside to this method is that it is expensive if you don’t know how to screen lawyers to your advantage. There is a smart way of testing this method without spending a single dollar. Most lawyers offer a free initial consultation online or over the phone with no obligation to hire. Take advantage of those free offers! Don’t just find a lawyer — you should find the RIGHT local lawyer for your budget. Continue reading

If you’re thinking about filing bankruptcy, the first though you might have is to find a cheap bankruptcy attorney that you can afford. After all, you are already cash constraint and getting an expensive legal help will not improve your financial status. Hiring the cheapest or pro bono lawyer might not give you the wanted outcome that you are hoping for. It’s your assets that are in risk when it comes to bankruptcy and foreclosure.

There are several ways of locating a low-cost legal professional online. You can try using a free lawyer directory to come up with a good list of candidates. The downside to this method is that you will need to call or visit each one of them and explain your financial situation.

What if there is a better alternative? You are about to learn a simple, free, yet extremely effective method of finding a low-budget attorney without taking much of your time. Here’s a short guide on how to use a legal matching service to find lawyers interested in having your case. Continue reading

Go through bankruptcy counseling before taking the plunge- Knowing the process

For most debtors who are going through hapless financial situations, whether they should file for bankruptcy is one of the biggest decisions that they can make. As a result, this decision should be made only after considering what bankruptcy process entails, the upshots of filing bankruptcy and the prospective alternatives of filing bankruptcy. Nowadays, people are so much irritated with their soaring debt level, that they take the decision of filing bankruptcy very soon. They don’t even consider the bankruptcy alternatives that might have helped them. With the large number of bankruptcy filers, the credit and debt industry is suffering a huge loss and hence the necessity to go through a pre-bankruptcy counseling session has been brought in to make the entire process more transparent.

What is bankruptcy counseling and what is the purpose of it?

While you go through the pre-bankruptcy counseling session, you can fully understand the potential advantages, the disadvantages, the alternatives and the upshots or the consequences of filing bankruptcy. The NFCC or the National Foundation of Credit Counselors believes that they should assist consumers in fully comprehending the implications of the process of bankruptcy and also determine the alternatives that could have saved them from being called a bankrupt. In a nutshell, they could decide whether or not bankruptcy is the best solution for them.

All the individuals who are about to file Chapter 7 or Chapter 13 bankruptcy will be required to go through the pre-bankruptcy counseling session with an approved non-profit credit counseling agency within 6 months from filing. However, the agency that will provide you this session should be approved by the Executive Office for US Trustees or the EOUST.

What should the bankruptcy filers expect from a credit counseling session?

The consumers who opt for pre-bankruptcy credit counseling session with a Member Agency with NFCC might expect the following:

·         A grueling session of counseling with an estimated length of about 90 minutes

·         This particular session will include a total overview of the entire process of bankruptcy, a committed discussion of the feasible alternatives to bankruptcy, that includes the pros and cons, a customized budget analysis and the session will also discuss the reasons that led to the present situation of dire financial straits.

·         The format of the counseling session can either be face-to-face, through the internet or even over the phone. The duration should remain the same.

After the completion of the pre-bankruptcy counseling session, the consumers will receive a certificate that will say the same. If they still decide to file bankruptcy, this certificate should be included in the bankruptcy petition. Before the finalization of bankruptcy and discharge of debts, the consumers also require completing a pre-discharge financial education course from an agency approved by the EOUST.

Choosing a credit counselor who can help you with the entire process

If you’re looking for pre-bankruptcy counseling to fulfill the law requirements of bankruptcy, ensure you receive services from approved providers of your judicial district. You can check the list of approved credit counseling providers in your state online or you can check at the bankruptcy clerk’s office for the particular district where you file. Some key questions that you should ask before finalizing the counselor are:

·         What are the services that you offer?

·         What to do if I can’t afford your fees?

·         What are your fees?

·         Will you help me devise a plan through which I could avoid debt problems in future?

·         What are the qualifications of your credit counselors?

·         Are your credit counselors accredited by any outside organization?

·         Do you keep my financial information safe and secure?

·         How do you pay your employees?

The US Trustee program promotes efficiency and integrity within the bankruptcy system of the nation by enforcing some required laws. Educate yourself on such laws and follow them to maintain a transparent system.

When you feel your financial ground slipping from beneath your feet, the last thing you want to think about is the word “bankrupt.” The decision to file for bankruptcy is one that requires some time and consideration. Unfortunately, you may feel rushed to make a decision because of creditors metaphorically breaking down your door to call in your debts. If you find yourself facing the most challenging financial situation of your life and can see no way out, filing for bankruptcy may be your only option. It is an ambiguous solution to this complicated problem that begins by contacting Georgia bankruptcy attorneys.

Educating yourself about bankruptcy may help you get through the process more easily or may unveil the reality that there are indeed other routes you can take than filing for bankruptcy. No matter the case, if it is on your mind at all, you should contact a few Georgia bankruptcy lawyers to help you distinguish up from down when it comes to all the complicated legalities. The advantages are obvious, which include putting an end to creditor harassment, possibly absolving some of your debt with otherwise stringent creditors or at least setting up a reasonable length of time to make your payments. Continue reading

As the rate of bankruptcy filings in the United States continues, more people in this climate of rising prices, unemployment and debt are seeking out affordable bankruptcy options. 2005 held the record number of bankruptcy filings ever recorded in a single year and at the end of that year, the Bankruptcy Abuse and Consumer Protection Act (BACPA) was passed. Perhaps this is the only, or at least the main, reason behind the declining numbers the following year. If you discover that you are eligible to file for bankruptcy, then you are probably beginning your search for a lawyer who can defend your side.

Since the significantly lower filing rate of 2006, a direct result of the law passed in late 2005, the numbers have continued to increase since then. The projections made by financial professionals suggest that the country will soon be back to where it was before the new reform law was enacted. If you are one of the American debtors who need to get out now, there are ways you can seek affordable bankruptcy. It is not as clear-cut as before the new law was passed, and because of this, many lawyers have an excuse to bump up fees. This is not true of all of them, and therefore you must be selective about who you choose to represent you in your case. Continue reading

Here’s a comparison of the 2010 and 2009 statistical data that came from the U.S. Bankruptcy Court website. Figures are for non-business bankruptcy filing (Chapter 7, Chapter 11 & Chapter 13 only). The top 9 states with the highest bankruptcy filings are listed below, followed by a complete list compared to the previous year sorted by state. A positive % Diff value means an increase in the number of personal bankruptcy filing on that state. A negative value signifies a decrease in filings.

CA 251,396 California GA 76,824 Georgia TX 54,130 Texas
FL 108,186 Florida OH 68,862 Ohio NY 53,768 New York
IL 80,472 Illinois MI 66,720 Michigan TN 49,150 Tennessee

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Nearly three-fourths of American adults will have at least one event per year that requires help from an attorney, according to a recent survey. But, of those people in need of legal assistance, only about half will actually seek legal advice from an attorney. What accounts for this behavior?

The answer is a combination of practical and emotional concerns.

On the practical side, concerns about the cost of legal help can stop people from even inquiring at law offices. For people considering whether or not to file for bankruptcy, this concern may resonate even more. Continue reading

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