I need to file for bankruptcy, to clear all my old debts, and those I can’t pay. How do I do this cheaply, and without a lawyer
Posts Tagged ‘Bankruptcy’
How can you file for personal bankruptcy without a lawyer?
Sunday, May 2nd, 2010How much does a lawyer typically charge for a person to file bankruptcy papers?
Wednesday, April 7th, 2010I have a friend who is in debt about 30,000, and is sinking fast. She wants to file for bankruptcy. How much should her lawyer be charging her to file?
Cincinnati Bankruptcy Lawyer Hamilton County Attorney – Fam
Sunday, April 4th, 2010
bankruptcyhut.com see how Cincinnati Attorneys and Hamilton County Lawyers – and everyone – can provide information – like famous bankruptcy filers – and serve more clients in the process!
Legal Help : Can You File Bankruptcy Without a Lawyer?
Thursday, April 1st, 2010
While a person can file bankruptcy without a lawyer, it is not recommended due to the complexity of the laws. Learn how specialized and intricate bankruptcy law can be withinformation from a family lawyer in this free video on bankruptcy. Expert: Robert Todd Bio: Robert Todd is the managing partner and president of Robert M. Todd, PA and Family Law Solutions. Filmmaker: Christopher Rokosz
Bankruptcy in Los Angeles, Avoid Unethical Attorneys and Lawyers
Wednesday, March 17th, 2010
To find a Pre-Screened Lawyer in your area, please call our 24Hr Unbiased Lawyer Referral Hotline at 661-310-7999.
The bankruptcy laws in earlier times used to affect the debtor harshly as the creditors used legal and physical methods to get back their credits. But as time changed, new bankruptcy laws evolved as well as older ones were amended to make the laws more permanent and beneficial for both the debtors and creditors.
If you are facing a financial crisis then you should get the help of a bankruptcy lawyer that can help you understand the complexities of chapter 7 and chapter 13 and other procedures related to it.
About Chapter 7 Bankruptcy:
Chapter 7 bankruptcy: otherwise known as liquidation is most common and is proposed for the discharging of the unsecured debts such as medical bills, credit card debt, and unsecured personal loans. These types of bankruptcy can be completed within a period of months. It gives trustees, the ability to pay creditors by liquidating the non-exempt assets, although due to problem of absence of non-exempt assets among people who are filing the chapter 7 bankruptcy, the trustees are able to keep their property and can easily eliminate the debts which are unsecured.
Eligibility
The qualification for being eligible to file a chapter 7 bankruptcy is the debtor must be an individual, a corporation, a partnership or any other business entity. The first thing that will be done to check your eligibility is that your average income for 6 months earlier to the filling date and comparing it with the median earnings of the state in which you reside if your average income is below that median income then you are eligible to apply.
One another important eligibility criteria is to be able to discharge your non-exempt debts you should have unsecured debts such as consumer debts, medical bills, or payday loans.
There are certain conditions that make you ineligible and you should take care about these:
1. If you have enough disposable income to repay your debts , after cutting the allowed expenses and important debt payments for repaying small portion of the unsecured debts on a five-year repayment phase 2. If you have already attained a chapter 7 bankruptcy earlier within a time period of the last eight years prior to the time of filing.
Proceedings and working:
The chapter 7 bankruptcy works on the concept that any of the secured assets a petitioner has will be handed over to an estate which is a legal that becomes the temporary owner of all secured assets and the creditor has no right to liquidate these assets until the case is over.
Los Angeles Bankruptcy Lawyer: When is Filing Bankruptcy Your Best Option?
Wednesday, December 2nd, 2009
Filing bankruptcy is not a decision to be made lightly, as it is likely to affect your ability to obtain a mortgage, a car loan, or a new unsecured credit card for quite some time into the future. In this day and age, your credit report will very likely be pulled when applying for a new job, an apartment lease, and car insurance.
The process of filing bankruptcy should not be an exciting process that you look forward to, but instead should be viewed as your last resort option. It may indeed be your best and perhaps only option, but it should only be considered when you have exhausted all other options after a thorough investigation into what other options are possible and available to you.
While bankruptcy may alleviate much of the financial stress you may be feeling due to your mountain of bills, which seems to get higher every day, it may not be the total answer for you. Yes, bankruptcy will stop the creditor harassment calls since after you have filed, your creditors are no longer allowed to call you or hound you, and that will almost certainly provide a certain amount of relief. Having your bills under control will also provide a great amount of relief, but to what end? You still have the long road back to getting your finances under control.
Many institutions understand the fact that the majority of people who are filing bankruptcy these days are not doing so because of their own financial mismanagement or trying to live a champagne lifestyle on a beer budget. They understand that most of the consumers who file do so due to unexpected circumstances that they have no control over, such as high medical bills, a job layoff, a messy divorce, or similar things. So they may cut you a bit of slack if you are trying to get a loan, a credit card, finance a car, or whatever when they see that you have filed for bankruptcy in recent years. But that still tells them that you are a higher risk and they will therefore set repayment plans and interest rates accordingly because you naturally now fall into a higher risk category for the funds or credit they are going to give you.
But even so, if you decide that bankruptcy is your best option, make sure you know what you are doing. With the recent sweeping changes of the bankruptcy laws, this is no longer a do-it-yourself process as it used to be in years past. In fact, you must be approved to file by the judge, and there is no guarantee that just because you want to file that you will be allowed to do so.
You also need to decide and be approved for the chapter of bankruptcy that you want to file. With Chapter 7, most debts are able to be discharged. Note the word “most”, since there are some types of debts that cannot be discharged by bankruptcy. But you may only be approved to file Chapter 13 which is like a “reorganization”. This means that your debts are reorganized, not wiped out or discharged, to make it affordable for you to repay them. But the key point here is that with Chapter 13, the debts are not wiped out, you still have them and need to repay them.
The best advice that can be given is to encourage you to get together with a qualified bankruptcy lawyer who understands the laws of your state and can help you understand what your options are and how the paperwork needs to be completed in what steps if you decide to move forward. Most people filing bankruptcy have found that they save themselves an order of magnitude more time, money, and assets by using a qualified attorney than what they pay out in legal fees. This is not the time for you to make yet another mistake, so consider your options carefully.
To find a Pre-Screened Lawyer in your area, please call our 24Hr Unbiased Lawyer Referral Hotline at 661-310-7999.
Fradulent Activity by Los Angeles Bankruptcy Attorneys, Lawyers and Law Firms
Friday, November 6th, 2009
***Avoid fraud by unethical bankruptcy attorneys in the Los Angeles Metro area. If you need a pre-screened bankruptcy attorney, you must call a CALBAR approved lawyer referral service by calling 661-310-7999 or by visiting 1000Attorneys.com ***
San Fernando Valley: There have been many reported incidents in the San Fernando valley about unethical business practices by bankruptcy attorneys.
Specifically, these offices are violating rule 1-400 which prohibits lawyers from paying commissions to people who generate leads of potential clients. Moreover, these agents cannot act in behalf of any attorney to offer their bankruptcy services.
Anyone giving bankruptcy advise MUST be licensed with the California Bar Association.
Rule 1-400 from the California Bar Association clearly states:
(A) For purposes of this rule, “communication” means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:
(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or
2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or
(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or
(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.
(B) For purposes of this rule, a “solicitation” means any communication:
(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and
(2) Which is:
(a) delivered in person or by telephone, or
(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.
(C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member’s or law firm’s professional duties is not prohibited.
(D) A communication or a solicitation (as defined herein) shall not:
(1) Contain any untrue statement; or
(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or
(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or
(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or
(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.
(6) State that a member is a “certified specialist” unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.
(E) The Board of Governors of the State Bar shall formulate and adopt standards as to communications which will be presumed to violate this rule 1-400. The standards shall only be used as presumptions affecting the burden of proof in disciplinary proceedings involving alleged violations of these rules. “presumption affecting the burden of proof” means that presumption defined in Evidence Code sections 605 and 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.
(F) A member shall retain for two years a true and correct copy or recording of any communication made by written or electronic media. Upon written request, the member shall make any such copy or recording available to the State Bar, and, if requested, shall provide to the State Bar evidence to support any factual or objective claim contained in the communication.
[Publisher's Note: Former rule 1-400 (D)(6) repealed by order of the Supreme Court effective November 30, 1992. New rule 1-400 (D)(6) added by order of the Supreme Court effective June 1, 1997.]
Standards:
Pursuant to rule 1-400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989, unless noted otherwise, as forms of “communication” defined in rule 1-400(A) which are presumed to be in violation of rule 1-400:
(1) A “communication” which contains guarantees, warranties, or predictions regarding the result of the representation.
(2) A “communication” which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as “this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.”
(3) A “communication” which is delivered to a potential client whom the member knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.
(4) A “communication” which is transmitted at the scene of an accident or at or en route to a hospital, emergency care center, or other health care facility.
(5) A “communication,” except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word “Advertisement,” “Newsletter” or words of similar import in 12 point print on the first page. If such communication, including firm brochures, newsletters, recent legal development advisories, and similar materials, is transmitted in an envelope, the envelope shall bear the word “Advertisement,” “Newsletter” or words of similar import on the outside thereof.
(6) A “communication” in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies a relationship between any member in private practice and a government agency or instrumentality or a public or non-profit legal services organization.
(7) A “communication” in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies that a member has a relationship to any other lawyer or a law firm as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172 unless such relationship in fact exists.
(8) A “communication” which states or implies that a member or law firm is “of counsel” to another lawyer or a law firm unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.
(9) A “communication” in the form of a firm name, trade name, fictitious name, or other professional designation used by a member or law firm in private practice which differs materially from any other such designation used by such member or law firm at the same time in the same community.
(10) A “communication” which implies that the member or law firm is participating in a lawyer referral service which has been certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in California, when that is not the case.
(11) (Repealed. See rule 1-400(D)(6) for the operative language on this subject.)
(12) A “communication,” except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. When the communication is made on behalf of a law firm, the communication shall state the name of at least one member responsible for it.
(13) A “communication” which contains a dramatization unless such communication contains a disclaimer which states “this is a dramatization” or words of similar import.
(14) A “communication” which states or implies “no fee without recovery” unless such communication also expressly discloses whether or not the client will be liable for costs.
(15) A “communication” which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.
(16) An unsolicited “communication” transmitted to the general public or any substantial portion thereof primarily directed to seeking professional employment primarily for pecuniary gain which sets forth a specific fee or range of fees for a particular service where, in fact, the member charges a greater fee than advertised in such communication within a period of 90 days following dissemination of such communication, unless such communication expressly specifies a shorter period of time regarding the advertised fee. Where the communication is published in the classified or “yellow pages” section of telephone, business or legal directories or in other media not published more frequently than once a year, the member shall conform to the advertised fee for a period of one year from initial publication, unless such communication expressly specifies a shorter period of time regarding the advertised fee.
(Amended by order of Supreme Court, operative September 14, 1992. Standard (5) amended by the Board of Governors, effective May 11, 1994. Standards (12) – (16) added by the Board of Governors, effective May 11, 1994. Standard (11) repealed June 1, 1997)
Los Angeles Bankruptcy Lawyer: Eligibility For Bankruptcy
Thursday, October 1st, 2009
The bankruptcy laws in earlier times used to affect the debtor harshly as the creditors used legal and physical methods to get back their credits. But as time changed, new bankruptcy laws evolved as well as older ones were amended to make the laws more permanent and beneficial for both the debtors and creditors.
If you are facing a financial crisis then you should get the help of a bankruptcy lawyer that can help you understand the complexities of chapter 7 and chapter 13 and other procedures related to it.
About Chapter 7 Bankruptcy:
Chapter 7 bankruptcy: otherwise known as liquidation is most common and is proposed for the discharging of the unsecured debts such as medical bills, credit card debt, and unsecured personal loans. These types of bankruptcy can be completed within a period of months. It gives trustees, the ability to pay creditors by liquidating the non-exempt assets, although due to problem of absence of non-exempt assets among people who are filing the chapter 7 bankruptcy, the trustees are able to keep their property and can easily eliminate the debts which are unsecured.
Eligibility
The qualification for being eligible to file a chapter 7 bankruptcy is the debtor must be an individual, a corporation, a partnership or any other business entity. The first thing that will be done to check your eligibility is that your average income for 6 months earlier to the filling date and comparing it with the median earnings of the state in which you reside if your average income is below that median income then you are eligible to apply.
One another important eligibility criteria is to be able to discharge your non-exempt debts you should have unsecured debts such as consumer debts, medical bills, or payday loans.
There are certain conditions that make you ineligible and you should take care about these:
1. If you have enough disposable income to repay your debts , after cutting the allowed expenses and important debt payments for repaying small portion of the unsecured debts on a five-year repayment phase 2. If you have already attained a chapter 7 bankruptcy earlier within a time period of the last eight years prior to the time of filing.
Proceedings and working:
The chapter 7 bankruptcy works on the concept that any of the secured assets a petitioner has will be handed over to an estate which is a legal that becomes the temporary owner of all secured assets and the creditor has no right to liquidate these assets until the case is over.
To find a Pre-Screened Lawyer in your area, please call our 24Hr Unbiased Lawyer Referral Hotline at 661-310-7999.
Los Angeles Bankruptcy Lawyer: Bankruptcies on a Credit Record Timeline
Thursday, October 1st, 2009
Bankruptcies on a Credit Record
A Chapter 7 bankrutpcy may display on your credit for 10 years from the date of filing. Chapter 13 may stay for 10 yeas also, but it is customary for those to be removed after 7 years.
Here is more specific advice and input from various FAQ Farmers:
Seven to ten years from the date of discharge.
All discharged bankruptcies whether a state or federal filing remain on a CR for 10 years. A dismissed chapter 13 remains for 7 years, a dismissed chapter 7 remains for 10 years.
Chapt.7-11-12 will remain for ten years. A chapter 13 will remain for seven years if successfully completed, for 10 years if dismissed.
Ten (10) years for a discharged chapter 7 or 13. Seven (7) years for a dismissed chapter 13, ten (10) years for a dismissed chapter 7.
Although it is true that the federal Fair Credit Reporting Act does provide that bankruptcy entries will remain for 10 years, there are some creditors that will only leave a chapter 13 bankruptcy on your record for 7, rather than 10 years. They do this to encourage people to pay part of their debts rather than discharge it all under a chapter 7. More importantly, the effect of bankruptcy on one’s ability to get credit is vastly overstated. The key to getting the credit you need has far more to do with the amount of present income you have rather than any negatives on your credit report. In short, if you have good present income, the creditors will look past your credit report to your wallet in the sense that it is possible, even with a bankruptcy on one’s record, to get credit for cars and new credit cards as soon as you are discharged in a chapter 7 (about four months after you file), and after a year or so, you can even get a mortgage on a house. They may not give you the best rate, but if you have good present income, even a person with a bankruptcy on their record can get the credit they want in almost all cases.
You will not qualify for a FHA until a chapter 7 has be discharged for 2 years. A chapter 13, you will only have to wait a minimum of 1 year from filing date.
To find a Pre-Screened Lawyer in your area, please call our 24Hr Unbiased Lawyer Referral Hotline at 661-310-7999.