A bankruptcy attorney is one that specifically works in the area of law surrounding the various types of bankruptcy one can file for. They have to be licensed to practice as a professional legal advisor in the state they represent. They also have to represent the Federal jurisdiction they are under. Since they focus on keeping up with the laws that pertain to bankruptcy they are considered to be experts in that field.
A bankruptcy attorney has a very challenging job though because that world of bankruptcy is one that is quite complicated. While many states give individuals and businesses the option of representing themselves in filing their bankruptcy claim, it is not recommended. Almost every case where the individual has represented themselves the result has been a filing that is delayed, dismissed, or they are charged with contempt of court for their actions.
Another issue that arises from representing yourself in a bankruptcy is the possibility of being charged with a crime. The result of that can be a lengthy prison term. It is best to have proper legal council advising you every step of the way. They need to be the one to file the petitions on your behalf.
Your bankruptcy attorney will first take a close look at your particular issues. They will have to determine if you are eligible to file for bankruptcy or not. This is done during a consultation where an assessment is completed at no charge to you. There is a great deal of paperwork that has to be completed prior to this assessment by the individual. This paperwork is a legally binding document that both parties will continue to consult during the bankruptcy process. If inconsistencies are noted then they will have to be investigated by the bankruptcy attorney.
The assessment process is the best information any bankruptcy attorney will have available to make the determination for bankruptcy. If there is enough to base it one then the next step is deciding which chapter to file under for debt relief. Most people file under Chapter 11 because it involves liquidating the debt. Of course the particular laws for the state where the petition is being filed have to be considered as well.
This article is not to provide you with any legal advice. It is only to explain to you the value of a bankruptcy attorney should you be considering filing for bankruptcy They are experts in the field and they can help you make sense of the laws surrounding the filing process.
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