Like any other area of law, bankruptcy law is complex. Hiring the right bankruptcy attorney can be the difference between you getting a fresh start or continuing to be stuck in a financial quagmire.
If you have reached the point where bankruptcy has become your best choice, you need a bankruptcy expert with whom you connect and who will make sure your rights are protected.
Here are some tips that will help you select a lawyer who can successfully guide you through the process.
Debtors in Chapter 13 bankruptcies often have more than one loan on a single home. Especially since the Great Recession of 2008, it’s common for the house to be worth less than what is owed, also known as known as being “underwater.”
Bankruptcy law allows a way for debtors to get rid of a junior mortgage, while keeping the house. This is done by filing a “lien stripping” motion in bankruptcy court, which can lead to the junior loan going away after completion of a repayment plan, potentially saving thousands of dollars.
Student loan debt usually cannot be discharged in Chapter 7 or Chapter 13 bankruptcy. However, debtors who can prove that repaying student loans would cause an undue hardship can get rid of student loans in bankruptcy.
Consider Student Loan Repayment and Forgiveness Options
Bankruptcy on student loans can be filed. But is that the best course of action? Maybe.
If you are a business owner and your business is struggling financially in this difficult economic climate, you should speak to an experienced bankruptcy attorney to review your options.
The first question a bankruptcy attorney will ask you is: How is your business organized? Are you a sole proprietorship (you file a Schedule C for the business on your personal taxes), a Corporation, an LLC or a Partnership?
If your business is organized as a Corporation, an LLC or a Partnership, these types of corporate forms are considered “a person” or separate “legal entities” that would file bankruptcy in their own name, not your individual name. These entities may file either a Chapter 7 bankruptcy (called a liquidation) or a Chapter 11 bankruptcy (called a reorganization).
Financial distress can come from many situations.
Whether it is trouble stemming from job loss, divorce, medical emergency, or something else, personal bankruptcy provides a legal and acceptable method to get out of debt and get a fresh start.
Folks often want to learn more about their options through bankruptcy. They have typically heard about Chapter 7 and Chapter 13, but are not sure about the difference between the two. Through a detailed, personalized consultation, we will examine your finances and determine your best option.