Personal Bankruptcy Lawyers

The primary role of personal bankruptcy lawyers is to advise and represent debtors who decide to file petitions for insolvency. While some claim that debtors can handle filing detailed financial data themselves, lawyers are hired to ensure that petitions are not only filed correctly, but also that petitioners are afforded every right available under U.S. Bankruptcy Court law. Most consumers are unfamiliar with legal proceedings and court-ordered judgments; and many would be at a loss in the courtroom. Whether petitioners choose to file Chapter 7 liquidation cases, Chapter 11 business restructuring plans, or Chapter 13 petitions to repay creditors from wages earned, they must meet certain criteria. Without an understanding of legal proceedings and applications, debtors could easily wind up losing valuable assets, such as cars, residences, and business and personal property to creditors. While the law does not prohibit debtors from filing consumer debt protection on their own, personal bankruptcy lawyers are adept at interpreting the law to clients and can help prevent debtors from making poor judgments and filing inaccurate reports, which may work against them in a courtroom full of creditors.

Filing bankruptcy is not a do-it-yourself project. Just compiling listings of assets and liabilities can be a daunting task for the average consumer. Personal bankruptcy lawyers can provide expert legal counsel to determine whether a debtor should consider filing for consumer debt protection or not. Sometimes cash-strapped consumers see no way to circumvent repossessions and harassment from bill collectors without taking their case to court. But a reputable attorney should give debtors some viable options and advise for or against taking the desperate measures preparing and filing petitions entails. The attorney works for a fee, but he or she will also work on behalf of the client, poring over financial information and assessing whether the client has strong supportive evidence to pass the muster of the court. While personal bankruptcy lawyers are debtors' advocates, God has provided an Advocate far more powerful than any earthly lawyer in the person of His Son, Jesus Christ. "My little children, these things write I unto you, that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous. And He is the propitiation of our sins: and not for ours only, but also for the sins of the whole world" (1 John 2:1-2).

Astute personal bankruptcy lawyers' first consideration will be to discuss which type of filing best suits client needs. Chapter 7 liquidation petitions require a court-ordered sale of assets to amass sufficient monies to pay off creditors. Consumers who own real property, stocks and bonds, securities, vehicles, or equipment which can be converted into cash to repay delinquent accounts are most likely to choose Chapter 7. A U.S. Bankruptcy Trustee is appointed to collect, liquidate, and dispense debtor assets to satisfy secured and unsecured creditor claims. For debtors who don't have many assets, but work a 9-to-5 job, personal bankruptcy lawyers will usually advise filing Chapter 13, or a wage earner petition. Chapter 13 wage earners have a regular income from which to pay creditors in compliance with a court-ordered repayment plan. Legal counselors will advise clients about formulating a plan which demonstrates to the court a commitment to restructure outstanding debt over a three to five year term. Once the court and creditors accept a wage earner's plan, debtors filing Chapter 13 petitions are subject to court-ordered payments dispensed by U.S. trustees or administrators. For up to five years after filing, debtors should refrain from incurring more liability. Trustees are there to help monitor the debtor's finances and ensure that the court's decisions are upheld.

Meanwhile, personal bankruptcy lawyers are there to help protect the interests of the debtor and to ensure that the court does not infringe on the debtor's legal rights, such as issuing orders that monies used for the client's subsistence become part of disposable income. In addition to helping debtors determine the most appropriate petition to file, attorneys also assist debtors with filing public notices of bankruptcy; provide expert legal representation at creditor and confirmation hearings; communicate and correspond with creditors regarding secured and unsecured claims, and resolve discrepancies between debtors, creditors and the court, which can arise any time personal finance is an issue. Attorneys can also stop garnishments, repossessions, and foreclosures and help petitioners keep exempt property, such as real estate holdings used as personal residences, automobiles used for work, and spousal property. Once lawyers file and serve a notice of bankruptcy to the debtor's creditors, all collection tactics and harassment must cease.

Having personal bankruptcy lawyers relieves debtors of the stress and anxiety associated with filing. Petitioning for consumer debt protection can be exhausting and intimidating; and a debtor needs a powerful ally to battle hostile creditors and defend a legal right to debt protection. But simply having professional legal representation enables debtors to breathe a little easier, in spite of an overwhelming money woes. The case is presented before the court with precision and with an anticipation that the court system will render fair and equitable judgment on behalf of both the petitioner and the creditors. Attorneys have the client's best interests at heart and are ever present to assure that assets are protected and that creditors and debtors are both treated fairly. An intimidating process like filing for insolvency requires experience, knowledge, wisdom and an astute application of jurisprudence. Debtors who can afford to hire competent legal assistance to present consumer debt protection cases to the U.S. Bankruptcy Court should be appreciative and thankful for a system which protects and defends the legal rights of its citizenry, in spite of an inability to maintain financial solvency.

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