If you are thinking of filing for bankruptcy, you probably have lots of questions. Before making this decision, you should educate yourself as much as possible about the process. You will not have a hard time finding a Los Angeles bankruptcy attorney. However, before you decide to contact one, you should do a bit of research on your own about bankruptcy. It can seem like a magical solution, but there are many factors to consider. Here are a few things to think about when deciding whether or not to file.
Types of Bankruptcy
The two types of bankruptcy that are of concern to individuals are Chapter 7 and Chapter 13, although there are several other chapters, such as Chapter 11 (used by businesses) and Chapter 12 (available to family farmers and fisherman).
When you file Chapter 13, you do not eliminate your debt. Instead, you enter into a court-approved rehabilitation plan, in which you make regular payments determined to be feasible when your income and expenses are examined.
Chapter 7 bankruptcy does wipe out most unsecured debt. However, there are certain types of debt not discharge-able through Chapter 7. These types of debt include:
Child Support
Spousal Support
Most Student Loans
Property Taxes
Income tax going back less than 3 years
Effect on Credit Score
Many people balk at the idea that when you file for bankruptcy, it remains on your credit report for ten years. Although this is definitely a point to consider, it may not be as as big of a deal as you think. If you are thinking about filing for bankruptcy, chances are that your credit score was ruined a long time ago. Of course, if you are able to pay off your debts on an individual basis, or if they are scheduled to disappear from your credit report shortly, then it would be better not to file. But for most people, once bankruptcy has become a real possibility, its effect on their credit score will not make a huge difference.
Bankruptcy Abuse Prevention and Consumer Protection Act
This law went into effect in October 2005, and changed some of the circumstances around filing for bankruptcy. At this point, a filer’s income is subject to a means test, which looks at the debt beside the individuals income, and determines whether the income falls below a median that varies by state. This decides whether or not the person qualifies for bankruptcy. Another change is that now, prior to filing, you must go through an hour long debt counseling session with a non-profit debt management agency, to explore all options for dealing with the debt
Other Methods of Filing
Hiring an attorney is not the only way to file for bankruptcy. Federal bankruptcy forms can be downloaded, and if you are comfortable with your own grasp on bankruptcy laws, filing on your own may be an option. You can also purchase bankruptcy software, which works like the programs available for tax preparation in that it guides you step by step through the filing process. There are companies that offer full service prep online, but they cannot offer any legal advice.
The fees for a bankruptcy attorney are usually between $1,000 and $2,000. The fee to file is about $300. Bankruptcy can be a new beginning, and you may determine that the fees of hiring a lawyer are worth the peace of mind you will gain from having your debt under control. Make sure you educate yourself and stay informed through every step of the process, whatever your decision.
Want the help of a Los Angeles Bankruptcy Attorney? There’s valuable information regarding the conditions of bankruptcy and what you should do. Make sure you talk to bankruptcy lawyers before it gets too late!