Bankruptcy Attorney: Helping Secure Your Future

Filing for bankruptcy is a very personal and challenging decision. Most individuals or small businesses choose to file for reasons ranging from medical debt to overextended credit and even unforeseen business losses. With the recession and economic turmoil taking its toll, more and more Americans are choosing to file for liquidation as a way to cope with unmanageable debt. A bankruptcy attorney can help explain the variety of options with filing, but here is a quick overview of the process.

Individuals frequently file for liquidation under Chapter 7 of the Bankruptcy Code, which provides the maximal protection for people with little or no non-exempt property. Filing can help eliminate any unsecured debt including credit card payment default or even any other personal loans and medical expenses that you are unable to honor. On liquidation, the state appoints a trustee who uses the proceeds from debtor's non-exempt properties to help pay off creditors. In other words while debtors are allowed to retain certain assets, the non-exempt properties are used by the state to pay off creditors authorizing a complete debt write-off for the bankrupt party. 

Before filing you may have to qualify for insolvency under Chapter 7 via a "means test," which essentially examines your annual income and expenditure records to help assess eligibility. In addition, you must have an approved record of mandatory credit counseling preceding filing by at least six months. Individuals whose income records fall below the median income in the state for a family of similar size may file under Chapter 7, and if the income level exceeds the standard, a Chapter 13 insolvency may be the ideal option which allows debtors to pay off pending payments over a specified time. While the testing parameters are standard, it is recommended that you consult with an experienced bankruptcy attorney to help review your individual situation and evaluate your options. 

When choosing the right bankruptcy attorney to represent you in court, be sure to ask about your options in terms of settling your debt out-of-court. Also termed as debt negotiation, this process allows borrowers and creditors a platform for arbitration to aid in fair debt settlement. In most cases creditors are willing to negotiate an out-of-court settlement since this allows them to actually recover the loans, which may not be possible if you file for liquidation. Given that borrowers are protected by law from unfair debt collection with the enforcement of the Fair Debt Collection Practices Act (FDCPA), debt negotiation also serves the interest of the creditor. However, while the FDCPA prohibits creditors from using intimidating practices although the Act itself does not preclude the creditors from initiating collection of defaulted payments. Thus it is a good idea to consult with a skilled lawyer well-versed in negotiation to help create a convenient repayment schedule and settle the debt in a favorable manner.

Insolvency laws can be intricate and complex, and a trained bankruptcy attorney brings a solid understanding of the regulation and guidelines in your state helping you analyze the level of debt and determine the right chapter to file your case under. There is little doubt that professional legal assistance can be vital to overcoming unending debt and rebuilding a better future minus the financial strain.