Sunday 28 April 2019

For Good Bankruptcy Attorney Santa Cruz Offers A Recommendable Destination

By Kevin Hill


Having to file for bankruptcy is never an easy decision. There are different reasons that can make one to file for bankruptcy, including bade investment and spending decisions, illness, lack of employment, and bad luck among many others. When one files with the court system as being bankrupt, they receive protection from harassment by creditors. The filing also helps to prevent foreclosure, repossession of property by creditors among others. When in need of Bankruptcy attorney Santa Cruz should be visited.

There are two main types of insolvency and a person can file for one that suits their situation. The two include chapter 7 and chapter 13 bankruptcy. Chapter 13 bankruptcy is also known as wage earner plan. This is usually meant to give people with a steady income enough time to plan how they will repay part or all of their debts.

The debtor proposes a repayment plan that they will follow to repay creditors in installments. The repayment period usually spans between three and five years. On the other hand, chapter 7 bankruptcy is a bit harsher. In this case, the bankruptcy trustees gather all possessions owned by the debtor and sell them off so as to repay creditors. There is a code that must be followed during all of these transactions. In both cases, it is important to have legal counsel.

These lawyers have a specialty in using bankruptcy laws to negotiate cases on behalf of clients. In a chapter 7 case, these lawyers help to eliminate all debts that one may have while in a chapter 13 case, they help to reorganize debts. The lawyers are entrusted with a wide range of responsibilities and duties.

The lawyer will usually asses the financial situation when the client comes for initial consultation. During this time, the lawyer is able to understand the financial goals the client has as well as discuss the various debt reprieve options available. These attorneys help find out if the best option is to file for insolvency. It bankruptcy is the best option then they will decide on the best chapter to file.

When initial consultation is complete, the two parties will talk about legal fees and other payments. The lawyer begins working on behalf of the client if the two reach an agreement. Part of the work they do is to accept collection calls for their client. All calls by creditors are directed at the attorney and not the client. Before the debtor files for bankruptcy, creditors still have the right to contact them.

The biggest task that the attorney usually does is to prepare, type, and file the petition. The petition is composed of several forms that have to be filed with the bankruptcy court. The number of pages composed in the petition usually depends on the number of creditors one has. If the number is high, the petition can be as long as 60 pages.

A client is usually given an opportunity to go through a petition before it is filed. This is necessary to ensure all assets the debtor owns are listed in the petition. It is also important to ensure there are no mistakes within the documents. The signature of the client must also be placed on the petition before being filed.




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