Do Not File Until You Have Had A Bankruptcy Evaluation

By: Jon Arnold
A bankruptcy evaluation can be your salvation when your financial situation hits rock bottom. In recent times, the situation in the national as well as the world market is going from bad to worse. In such times it is not altogether surprising that people are looking at filing for bankruptcy as a way out of mounting financial obligations and the strains that come with it.

However, it is not always the smartest idea, and more so if you dive into it without looking where you're headed. That's where a bankruptcy evaluation can help you. Without advice and help, you could end up in more trouble than you were getting out of, by filing for bankruptcy. Things aren't the same today in the world of corporate or consumer law as they were even a few years ago. Therefore there are some basic things you should know about bankruptcy.

Firstly, bankruptcy can be filed by a number of different methods or chapters. What chapter you file under can determine how your debts will be handled and how your assets will be liquidated to pay them. Filing in the wrong chapter could be a disaster, from the standpoint of both assets and finances.

Secondly, filing for bankruptcy cannot eliminate certain kind of debts. If you have too much of a particular kind of debt in your list of total debts, then filing for bankruptcy could be totally pointless, because it will not get you out of your soup.

Thirdly, there is a Federal Bankruptcy Court, and this body must approve of your filing for bankruptcy. The court considers each case individually because people have different sources of income and different kinds of debt. Unfortunately, there is a possibility that the judge will not agree to your plea, no matter how much you think you're entitled to file for bankruptcy. Also, if you have previously filed for bankruptcy within the last few years, you are likely not going to be approved to file again now.

Fourthly, bankruptcy is not your only option. There are alternatives, which may save your skin, far more effectively than the dead end that is bankruptcy. This does not imply taking on more loans, which just amounts to borrowing from one party and giving it to another whom you owe. To find out more about your other options, it is best to go in for a bankruptcy evaluation by a professional.

What then is a bankruptcy evaluation and how can it help you? It means having your specific financial situation analyzed and examined by qualified bankruptcy lawyers, who will then recommend to you the best course of action. These people understand the very diverse world of bankruptcy, the laws as they apply in your state, and what options you may have based on your unique situation. Why trust your luck and limited expertise, especially in the kind of financial mess you could already be in. Taking shots in the dark could make a bad situation worse. How do you know exactly what situation you are in until an expert examines the matter? For all you know, there may be other ways out. Bankruptcy is a last ditch escape route for the desperate, and a trained and qualified lawyer may even provide you with an alternative. An intelligent, informed opinion from someone who knows the ins and outs of the law could guide you in the right direction.

If you don't believe it, take a look at the statistics. Studies have proven that a great percentage of those who have successfully filed for bankruptcy, have done so under the guidance and expertise of a lawyer. A thorough bankruptcy evaluation by a lawyer who knows both Federal and your state's laws could save you from the nightmare situation you're facing. And if you're worried about the fees you have to pay, don't worry. It is inevitably made up for at the end of the process by what it's saved for you in terms of assets, time and money.

What You Need To File Bankruptcy

By: Debra Proctor

When you are considering filing for bankruptcy, you will need to supply a lawyer all the needed information to start a bankruptcy filing. What you need for a bankruptcy is bank statements, pay stubs for all income, titles to vehicles, documents pertaining to 401K, pension and IRS accounts as well as all debts. If you own a home, you need a declaration of insurance and a copy of the deed holder for the mortgage. You will need to complete a background sheet with any past judgments and garnishments as well as everything pertaining to your spouse if married. You also need copies of your tax returns for the past three years.

The lawyer, with your help in most cases, does the process of data entry. For instance, one lawyer has you come to the office with all your documentation in hand. The lawyer will sit down at a computer and ask you questions about your assets and other personal information. Then it is time to enter al your debts. A tip to those who have a computer would be, get a copy of your free credit report to take along. It has so much information that can help the process go along quicker.

All debts are entered with addresses, amounts owed and the type of debt. Your income is added and after some calculations, the lawyer should be able to tell you how much your monthly payment will be for a chapter 13 or if you qualify for a chapter 7. This process takes roughly an hour and a half to two hours depending on how much debt you have to include. It is very important that you have all the necessary documents with you for this process. If you discover anything that needs to be added after this process, you need to give this information to your lawyer as soon as possible.

When you file for bankruptcy, you will become inpatient because it is a lengthy process. Even after you pay the lawyer, enter all your information and participate in a credit counseling session, you will wait until the lawyer files the paperwork. There may be some things that are need that delay the filing as well. As you receive bill statements in the mail, pay stubs and bank statements, you must keep these and turn them into the lawyer up until the time your case is filed in bankruptcy court.

Once everything is ready, you will meet with a trustee who will execute your payments if you are filing for a chapter 13 or find assets to sell if you are filing for a chapter 7. The trustee is paid out of your monthly payments in a chapter 13 and before the bankruptcy hearing if filing a chapter 7. You can expect to be asked questions that you already answered for the lawyer, but this is make sure you have included everything needed. Then a meeting with the creditors will be set up at the courthouse or a place that the trustee approves.