Bankruptcy is a legal means by which an individual or a company declares an inability to pay creditors and petitions the Courts to discharge debts. The U. S. Bankruptcy Code provides several options which address different circumstances, that are designed to give petitioners a “fresh start”.

Filing for bankruptcy is a serious decision with long lasting consequences and should not be undertaken without understanding the basic process and options.

Many people wait until their situation is dire before contacting a bankruptcy attorney only to find that there is little time for the lawyer to prepare and file the petition that will stop foreclosure, vehicle repossession or other legal actions of creditors.

Within two weeks of filing the petition, the court will send a Notice of Commencement of Case to the bankruptcy petitioner and to all of the creditors listed in the bankruptcy petition.

This notice will include the time, date and location of the creditors meeting and the deadlines for claims and/or objections from creditors.

Schedules containing information about the petitioner’s debts, assets, income and expenses must be filed within 15 days after the case is commenced.

These schedules often are filed with the petition; but in an emergency situation the petition may be filed immediately and the schedules filed later after collecting the required information and documentation.

In most cases, the court will enter an “automatic stay” as soon as the case is filed, prohibiting creditors from taking any further collection action while the bankruptcy case is pending or until further order of the court.

This “stay” prohibits all collection activity and stops any lawsuits filed against you and almost any other action against your property and your paycheck. Phone calls, letters, attempts to foreclose or repossess property are all forms of collection that are in violation of the court order.

The automatic stay applies to both Chapter 13 and Chapter 7 bankruptcies. In the case of Chapter 13 bankruptcy, the automatic stay may continue in effect for the duration of the repayment period, which could be up to 5 years.

All petitioners filing for Chapter 7 or Chapter 13 bankruptcy protection are required to complete a U.S. Trustee approved Credit Counseling Briefing.

It’s important that your bankruptcy attorney file the Credit Counseling certificate with your bankruptcy petition.

Bankruptcy petitions filed without a Credit Counseling certificate may be dismissed. This can have disastrous consequences since creditors can then take action, such as moving forward with a foreclosure or repossession.

• Are you heavily in debt, with little prospect of getting out of that debt in the near future?
• Have you had, or are your creditors threatening, a foreclosure on your home, a repossession of your car or other legal action to take your property?
• Have you experienced a dramatic drop in income?
• Are you frequently late paying bills?
• Do you only pay the minimum on your credit cards?
• Are you unable to make even the minimum payments?
• Do you have to sacrifice basic necessities just to make ends meet?
• Have you bounced more than one check in the last two months?
• Are your wages being garnished?
• Are you going through a divorce resulting in a decrease of income but an increase in expenses?

If you can answer yes to more that half of these questions, you may want to talk with a Bankruptcy Attorney.

If you are charged with a crime that could send you to jail and you cannot afford legal counsel, you have a right to a lawyer at no charge and the court will supply you with one who is well qualified to give you a competent defense.

In order to qualify for an attorney at no cost, you must be able to show that you are unable to pay because of lack of finances. Some Courts may require that documents be filled out in order to prove your inability to pay. If you are unable to afford an attorney, the Court must supply you with a free attorney. This is your right under the law.

In criminal cases, if you qualify for a free attorney, the judge will assign a lawyer to represent you. In such cases the attorney is paid for by public funds. The attorneys appointed by the court are trained attorneys. They are as prepared to represent a private citizen accused of a crime as the District Attorney General is prepared to prosecute that crime.

If the Court appoints an attorney to represent you but you are able to pay a part of the cost, the Court may require you to make payments into the Court. This will of course depend on your ability to pay.

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Picking a lawyer is a personal judgment you must make. You should be comfortable with your choice. Ask questions and shop around. Get referrals from relatives, friends, real estate agents, and others who have had similar issues to deal with. In the end it is important to select someone you can trust to do the best job possible for you. Realize however, that there are no guarantees, be wary of anyone who assures you of a victory.

Before any work begins, ask what the cost will be for the lawyer’s services and whether you will be responsible for other fees and charges. State ethics rules require lawyers to charge a reasonable fee. The American Bar Association advises that lawyers explain their fees, preferably in writing, within a reasonable time after beginning to represent you.

Some state bars require that lawyers put their fees in writing before they take a case. Your lawyer may charge you extra for copying documents, courier services, court filing fees, or research services. Be sure you understand what you will be charged for and how much.

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If you have decided to see an accident attorney how do you go about picking one? Remember, as with other professionals, attorneys tend to specialize in a particular area of the law. Law is simply too complex for one lawyer to be proficient in all of it! When looking for an attorney consider the lawyers expertise in the problem area you need help in. Look at prior experience and reputation.

Recommendations from satisfied prior customers may be one way to gauge this. Practical factors must be considered: the location of the attorney’s office: is “X” convenient to you or to where the problem is? How quickly can the attorney deal with your problem? And what is it going to cost? Your personal preferences regarding a lawyer’s personality, gender, age, etc., may be a factor.

Picking a lawyer is a personal judgment you must make. You should be comfortable with your choice. Ask questions and shop around. Get referrals from relatives, friends, real estate agents, and others who have had similar issues to deal with. In the end it is important to select someone you can trust to do the best job possible for you. Realize however, that there are no guarantees, be wary of anyone who assures you of a victory.

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Marriage counselling can assist in getting you and your spouse back together.

It is always advisable when starting a divorce application to speak specifically to a family divorce attorney as he is knowledgeable in that field of law. A divorce lawyer can tell you exactly how the law applies to your situation and how to protect your rights. You can then decide what to do.

A divorce is one of the most stressful experiences in life. Studies show it’s affects are more profound and long lasting than a death in the family.

There are more things to be worked out in a divorce than most “first-timers” realize. No matter who you are or what your marriage was like, when you are sitting across the table trying to negotiate with the person you used to sleep with every night and who shares the most intimate details of your life, a good mediator is important. Children and property are only a part of the equation. Raw emotions often cloud issues and make any co-operation or compromise difficult if not impossible.

A good divorce lawyer can reduce much of the frustration and animosity between a couple to arrive at a resolution fair and reasonable to both parties. Using his skills of mediation, he can assure that each is heard above the shouting and deafening silences that is often part of the process.

Having experienced and seen many of the possible scenarios, a good family divorce attorney will have the bigger picture in mind. Often, the parting couples lose sight of what needs to be done for the future and get bogged down in the present moment.

Children and child support are often the bitterest and most intractable issues that, unfortunately, become control points, sources of manipulation and simple, bargaining chips. Most states do not encourage (or permit) “Do It Yourself” divorce if children are involved.

To start a divorce application, you fill out the appropriate forms for your county or state. If you have a lawyer, he or she will fill out the forms for you and will be responsible for processing the divorce.

You may obtain forms at government bookstores, some private bookstores and, in some cases, via the internet. In some jurisdictions, court offices and family law information centers provide forms.

There are a few things in particular that you have to include in the forms. If there is a child of the marriage, you need to write down the parenting arrangements, including financial support. If these arrangements are in dispute, you will need to describe the arrangements that you are seeking.

Once you have completed all the forms, you file them at the courthouse, pay the required court fees, and follow the court rules and procedures for your state.

Divorce records are public and easily accessible. Acquiring records online is quick, convenient and provides anonymity to the person doing the searching.

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