Monday, 11 November 2013

Bankruptcy Procedure

By Joann Dorsey


Everyone filing for bankruptcy has the goal of seeing the bankruptcy discharge in the mail, whether they are filing Chapter 7 or Chapter 13 bankruptcy. This discharge allows the individual to know that their debt is completely wiped out and creditors no longer can come after them in the future. There is one caveat in that not every person filing bankruptcy gets a discharge. For some that don't play by the rules or just make stupid mistakes they can have their bankruptcy filing dismissed.

The first thing that you need to make sure is to find an experienced bankruptcy lawyer. He or she should have been in the field of handling bankruptcy cases for at least a few years. Many a times people tend to hire the services of an attorney who handles bankruptcy cases only occasionally and end up regretting their decision later on. Getting to hire a greenhorn just because of the price is also not a good decision to make, for an inexperienced attorney may not be able to handle the case competently and in fact, could put you into more trouble.

In today's economy, it's rare to see the bankruptcy trustee take any property at all, except for property that is easily liquidated. The bankruptcy trustee isn't in the business to sell at the swap meet every week to only get pennies on the dollar for someone's property. The trustee will weigh out the costs selling something versus what will be recovered. Nowadays, used property has virtually no value making it a waste of time for the trustee. This is an area that a bankruptcy attorney will earn their keep for their client.

Many of these mistakes are avoided when the client has a bankruptcy attorney that they have a great relationship with. If the individual get something in the mail they can call the attorney and ask how to proceed. Or if something is missing that the filer needs to provide, the attorney or their staff will call before it becomes a problem. This is an available to those that file a do-it-yourself bankruptcy and this is why many of them will have a stack of problems to deal with if they are to get their bankruptcy discharge.

Filing for bankruptcy could be one of the most emotionally taxing experiences. You need to find a lawyer who would fully understand your state of mind and offer you a sympathetic hearing. The attorney should also show a ready willingness to answer any questions that you may have about the case. You must never make the mistake of hiring the services of a bankruptcy attorney just because he or she lives down the street in your neighborhood. You need to remember that we live in a day and age where location is no longer a constraint for smooth communication. The criteria for hiring the services of an attorney should be only competency and nothing else.




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