California Bankruptcy Lawyer Consumer Guide
The most frequently asked questions received by bankruptcy lawyers pertain to discharge,
because ultimately, discharge or final release from debts is the primary goal of everyone who files. Discharges are available
under Chapter 7 & Chapter 13. The term "straight bankruptcy" usually refers to Chapter 7. In a
Chapter 7 case, all debts are subject to elimination as if paid in full.
No payments to creditors are made and debts are legally unenforceable
once discharge is granted by the court.
All prudent debtors have questions about applicable laws before filing. The best source of legal advice is a qualified
bankruptcy lawyer with substantial, current experience practicing before federal courts. Because state and federal laws change frequently,
the results
achieved by bankruptcy lawyers for their clients also change frequently in direct response to these
amendments. Depending upon the personal goals and situation of each debtor, all options may not
apply. The best bankruptcy lawyers are intimately familiar with all options, as an assortment of tools, that may
be combined creatively to maximize client benefits.
Chapter 13 cases provide either full or partial payment to creditors.
In full Chapter 13 cases, payment amounts are reorganized to allow
extended payment schedules at lower interest rates. In partial Chapter
13 plans, only a portion of debts owed are repaid according to the
ability of the debtor(s) and their bankruptcy lawyer's ability to convince the judge that all disposable income
is dedicated to the plan. Remaining balances, upon completion of the
plan term, are discharged similar to a Chapter 7 case. Litigation of discharge issues remains fertile ground for
all bankruptcy lawyers who represent creditors and hope to increase recoveries through the denial of discharge.
California Bankruptcy Lawyer Frequently Asked Questions
Special items are subject to extraordinary regulation. Liability for debts owed to government agencies or
created without knowing consent of others receive a higher level of scrutiny from courts, trustees, and
bankruptcy lawyers representing creditors. For more information, see:
Most bankruptcy lawyers and law firms that specialize in consumer cases offer free initial consultations. These meetings serve
several purposes. Potential clients usually ask legal questions, inquire about fees and estimated costs, and
evaluate several bankruptcy lawyers before choosing personal legal representation. Bankruptcy lawyers also evaluate clients. Because pending
legislation will increase lawyer & attorney/client liability for client misrepresentations, the time and difficulty required to
represent each is factored into costs. Likewise, bankruptcy lawyers avoid potential clients who are considered likely to
create liability for misrepresentation, attempt bankruptcy fraud, or violate legal disclosure requirements.
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