The term bankruptcy refers to a court procedure that is set in place by the federal government in order to help both businesses and individuals erase their debts and repay also repay their creditors. There are two general types, “reorganizations” and “liquidations.” The most common types of bankruptcy proceedings are chapter 7 and chapter 13. Generally there are five common types that are written under the code for bankruptcy, along with chapter 7 and 13, there is 12, 9, and 11.
In order to choose a lawyer, the first step is to determine if bankruptcy is right for you. For individuals filing a chapter 7 or a chapter 13 is most common. A chapter 7 is considered a liquidation bankruptcy. This type of bankruptcy declaration generally requires an individual to sell any property in order to pay back their debts. A chapter 13 is a different type of bankruptcy declaration known as reorganization. Declaring a chapter 13 typically allows you to keep any of the property that you own, but requires a repayment plan be set up so you will pay back all or some of your debt within a three year time period. Each type of bankruptcy declaration requires certain requirements be met. To determine if you are eligible for bankruptcy and which type would be best for your situation, it is best to consult a lawyer.
Finding an Attorney
Filing is time consuming and extremely complicated legally. In order to go through the process you will want to choose a lawyer that you can work with. For this reason, it is important to interview your potential lawyer as you will be paying them to provide you with the best possible service. When interviewing a lawyer for your bankruptcy case you will need to have the following information available for them to consider your case and help you in the best possible way.
They will need to know if this is going to be a joint bankruptcy or single. If it is a joint case you will need to provide the name, address, phone number, and social security number for both spouses. Names and ages of children and whether or not any child support is received. You will need to provide information about debts that you owe to the IRS, state tax authorities, and student loans. Additionally, you will need to provide your employment information, and a list of all of your monthly expenses. The lawyer will also want to know about additional income from any other source.
When interviewing your potential lawyer make sure to provide them with enough information about your case that they will be able to provide you with solid information. Discuss all of your possible options, including the cost of the case. Everything should be written within a contract when you agree to sign with a particular lawyer.