Experience Is Number One When Selecting A Bankruptcy Attorney

As the economy continues to spiral downward, many Americans are afraid they might be facing a bankruptcy filing in the future. None of the economic news that the media is putting out seems very promising. The perfect storm is being created because the government continues to print and borrow more money with the consequences of evaluating the US dollar. Many economists are predicting hyperinflation due to Keynesian economics the current administration is trying to unsuccessfully use to get out of trouble. Americans are now fearing that they may have to file for bankruptcy if things don’t get better. The credit card debt of the average American is now eight times higher than it was 30 years ago. With so many people surviving only on their credit cards, it doesn’t take a rocket scientist to figure out that many of these individuals will end up filing for bankruptcy.

The idea of filing bankruptcy sends chills down most individual spines. It’s really not as bad as what most people think as long as the debtor has the help of an experienced bankruptcy attorney. How do you find a quality bankruptcy attorney? It’s not a common topic at the dinner table as most people don’t want to accept the fact that a bankruptcy filing might be in their future. There’s also the pride thing. Many people that are struggling to make ends meet are embarrassed about their pending financial failure that they won’t ask for help. Filing for bankruptcy is not usually something that people want to share with their friends and family.

When looking for a bankruptcy attorney the most important thing that an individual should look for is experience. It’s just like finding a good surgeon, in most cases, the more surgeries they perform, the better they get at it. The more experience a bankruptcy attorney has, the odds are better that they will face different circumstances that allows them to have more knowledge of all areas of the bankruptcy code. Most attorneys try to practice in a specific area of the law that they excel at. Many specialize in Chapter 7 bankruptcy, working with families and individuals. There are others that make their forte, Chapter 13 bankruptcy, which is more geared around protecting real estate and property.

Since the changes to the bankruptcy code in 2005, filing bankruptcy has taken on a new complexity that should not be done without the help of a bankruptcy attorney. Although, the law allows for an individual to file bankruptcy pros se, it’s not advised. There are many landmines that someone could run into trying to do it on their own from filling out the petition all the way down to the timing of when to file bankruptcy.

When an individual considers filing for bankruptcy, if they don’t know an attorney, they should go consult with a couple of attorneys before they make their final decision. Finding the right bankruptcy attorney also includes the dynamic of the relationship. When a person is intimidated by their bankruptcy attorney, they can find themselves afraid to share everything with an attorney. It’s important to have an attorney that you feel comfortable with and not afraid to ask any questions. After the debtor finds a bankruptcy attorney that they feel comfortable with, they should make sure that an attorney has experience with the debtor’s specific situation. If there are no references for the debtor to check, they should check out the bankruptcy attorney online on sites like the BBB and the local state bar. bankruptcy might be the most important financial decisions in individual might make, that’s why a person should take the time to find the right bankruptcy attorney to take them through it.

Bankruptcy Attorney: Questions To Ask

If you have tried every way imaginable to avoid bankruptcy but find that you have no other way out of the situation, the first step you should take before filing is to consult with a bankruptcy attorney. A bankruptcy attorney can be hired or appointed by the court systems to help you through the court proceedings. If you decide to select your own attorney, make sure to select someone with previous experience in bankruptcy law, preferably someone who works specifically with bankruptcy.

No matter which bankruptcy attorney you select, you should always be prepared to ask the attorney questions regarding your own case. Here is a list of questions you should always ask your attorney to make yourself more aware of your bankruptcy proceedings:

* What type of bankruptcy is right for me?

Keep in mind that the Federal court system in the United States has eight different types of bankruptcy filing available. Of course the two most popular are Chapter 13 and Chapter 7, but there are a variety of different details and rules that apply to each type of filing. A good bankruptcy attorney will be able to sift through your financial difficulties and recommend the best type of bankruptcy for you.

* How do I file for bankruptcy?

Filing for bankruptcy will need to be done in the state where you currently live. If you plan to remain represented by a bankruptcy attorney, their legal staff can help to prepare all of the paperwork that is necessary to present to the court system. If you simply want to use the bankruptcy attorney for a consultation, make sure you don’t leave the attorney’s office without the necessary paperwork to begin the bankruptcy process.

* What type of fees will I owe?

This is important to ask in regards to your bankruptcy attorney as well as the court system. Most bankruptcy attorneys will give a free consultation but any remaining time on the proceeding or in court will cost a fee. Some attorneys charge by the hour while others charge a flat fee for bankruptcy services. As well, the court systems usually charge a court fee connected with filing the case, administrative charges and extra Chapter 7 fees to pay a trustee in charge of the bankrupt account.

* Where do I go to file my bankruptcy claim?

Bankruptcy cases are handled by the federal court systems in every state. This usually means that the bankrupt party will need to give the bankruptcy paperwork to the state courthouse, usually in a state’s capitol city. Your bankruptcy attorney should know the address and rules regarding whether or not paperwork can be sent by mail or if paperwork needs to be given in person.

* What happens after filing for bankruptcy?

Immediately after filing for bankruptcy, the court system will send out notification to creditors of the pending bankruptcy case. From this point on, creditors are considered to have a “restraining order” by the debtor and are not allowed to contact the debtor requesting payment. Depending on the type of bankruptcy, a hearing will be scheduled and deadlines will be set for creditors to file a claim and attend the hearing. Of course, all of the proceedings from here are dependent on the type of bankruptcy filed, so it is important to be in contact with your bankruptcy attorney who can more readily answer these questions.

Earnest Money Deposit Explained

An earnest money deposit is paid in the form of a check to the seller and is accompanied by the offer to purchase a piece of property. Its purpose is to demonstrate good faith that the buyer is willing to make an immediate investment, which is often referred to as, good faith. Often, the agent will deliver a copy of the check to the seller and hold onto the original until the seller agrees to the terms of the agreement offered. Then the check is released to escrow.

The earnest money deposit is often used as part of the down payment. For example: Let’s say that you are buying a house for $100,000 and you have an FHA loan. Your deposit will most likely be $1,000, which is 1% of the purchase price of the property and it will go toward your total FHA loan, which is 3.5%, or $3,500. So you can take the required $3,500 down payment and subtract the deposit you’ve already given when you submitted the offer and now only owe $2,500, which is the difference.

Whenever you meet up with a real estate agent, it’s always a wise idea to bring at least one check with you. Even though checks are starting to become an obsolete way of transferring funds, they are still widely used in real estate for proof of the initial deposit. If you do not have checks, you may be able to obtain some by contacting your bank in a short period of time. The sooner you do so, the better.

The earnest money deposit, for the most part, seems to hold a more symbolic gesture of good faith than the actual necessity of the payment. However, should you open up an escrow and then back out without a justifiable excuse, your earnest money deposit will be lost. Before you go into escrow on a house, or even put in an offer for that matter, be sure that you will be happy with that particular home before you open escrow and realize you may have made a mistake.

Several Steps to Find the Best Lawyer

Presently, dealing with certain cases is not the easy thing at all, and looking for the help of a lawyer can be the great consideration. In such case, there are a few steps you can do to find the best one. So, everything will run well if you can find the right person to handle your case.

Learn What is Out There

Firstly, the important thing you should do is try to figure out the type of lawyer you are going to need. Whenever the case you have is about criminal, so the person you should find soon is the criminal lawyers. The next thing you should do is find out all the different lawyers of this type that are available.

Are You Paying?

Further in talking about finding the best lawyer for you, the next thing to do is figure out whether or not you have the money to afford to pay for this. Fortunately, there is a legal aid you should qualify on top of this immediately if you don’t have certain sum of money. Some requirements of personal information will be needed to support the considerations, including bank statements and also a copy of your income tax report. The step to get the legal aid for lawyer above will need a week or two to let you know their determination, whether you are the qualified one or not.

The Comparison Time

All you need to do now is spend some time doing a bit of comparing between the different lawyers that you have on your list. Please make sure that you take all the important issues into consideration here. Some of lots of examples are the experience (how long they have been practicing), how a lot of cases they have won and how lots of they have lost.

What Can You Expect From a Good Bankruptcy Attorney?

If you have filed for bankruptcy or you’re thinking about it, it’s a good idea to obtain the services of a bankruptcy attorney. A bankruptcy attorney can help you wend your way through the legal ramifications of a bankruptcy because he or she will have knowledge you may not have.

You can do some of your bankruptcy work yourself, it still helps significantly to have a bankruptcy attorney look over your documentation and make sure everything is in order before you file. You also need to know your rights as someone who is filing for bankruptcy, and an attorney can help you make sure that you get all of your rights met and keep whatever you’re entitled to as well.

In addition, a qualified, experienced and knowledgeable bankruptcy attorney is going to have many insights you do not have. For example, they can make suggestions or recommendations as to what other options you may have which may be much better for you than facing the long-term negative effects of bankruptcy.

Bankruptcy laws have changed in the last few years, so that today, it’s harder to file for what’s called “Chapter 7” or liquidation bankruptcy than it used to be. Chapter 7 bankruptcy is basically what used to be called “straight bankruptcy.” With this, those who file for bankruptcy turn over any nonexempt assets for liquidation to creditors, and then debts are paid off with these liquidated assets. When the proceedings are over, the debtor is completely exempt from further pursuit by creditors and the debt is completely discharged. A bankruptcy attorney can tell you whether or not you qualify for this particular type of bankruptcy. If you do, it’s generally advised that you take advantage of this type of bankruptcy, since it will exempt you from any further responsibility for these debts once the bankruptcy is complete. However, be advised that you will lose nonexempt assets for liquidation, including perhaps your house. Therefore, the pros are that you are completely “forgiven” your debts, but you may have to start from scratch.

Also you need to be aware that there are certain types of debts such as tax liens, student loans, child support and others that cannot be discharged by any form of bankruptcy, so if this type of debt makes up a major portion of your indebtedness, declaring bankruptcy is not going to help you in the least.

Chapter 13 bankruptcy is the other major type of bankruptcy that most debtors look to file for today. With new bankruptcy laws, most states will not let you file for Chapter 7 bankruptcy if you have a regular income. What this type of bankruptcy says is that you’re not going to be forgiven your debts. Instead, Chapter 13 bankruptcy is what is known as “reorganization” bankruptcy for debtors with an income. With this, you are allowed to keep most assets, including your house in most cases. However, you’re going to have to make payments to your creditors through a trustee over a period of several years, usually, until the debt is paid off. A plan is drawn up for the repayment and then a court approves or disapproves of it, based upon whether or not it meets bankruptcy code requirements for confirmation.

Again, obtaining a bankruptcy attorney is a good idea to help you determine what type of bankruptcy you qualify for and which is best for you. Be advised, though, that bankruptcy attorneys aren’t free and even if you are facing financial hardship, you’re still going to have to come up with attorneys’ fees of roughly several hundred dollars to have a bankruptcy attorney handle your matter for you. Still, it’s money well spent so that you know you’ve done everything you can to make your bankruptcy proceedings go as smoothly as possible. After that, of course, you can get on with your life. Most people who file discover that they have saved much more than the amount of the attorney’s fees in terms of the money and assets they were able to retain, based on the attorney’s intimate knowledge of the new bankruptcy laws.