When a person finds himself in financial trouble, he seeks professional help to try to solve it. If you are thinking of filing for bankruptcy, it is important that you know what types of cases a California bankruptcy attorney handles. In this article, we explain what are the different types of cases that these professionals can handle and what is the process to follow to file for bankruptcy.
What is the job of a bankruptcy attorney?
Bankruptcy attorneys in California represent people and companies that cannot pay their debts. Under the federal code, bankruptcy is a legal process that allows people or companies to eliminate their debts or reorganize them to pay them in the future. There are two main types of bankruptcies: Chapter bankruptcy and Chapter 13 bankruptcy.
Chapter bankruptcy, also known as liquidation bankruptcy, is the most common type of bankruptcy. In this type of bankruptcy, the person filing for bankruptcy (the “debtor”) seeks court protection and presents a plan to liquidate their assets and pay their creditors. If you are considering chapter bankruptcy, it is important to know that the courts have the power to discharge certain types of debt, such as credit cards or personal loans.
In Chapter 13 bankruptcy, also known as “debt reorganization,” the debtor files for court protection and presents a plan to reorganize their debts and pay them off in the future. If you are considering Chapter 13 bankruptcy, it is important to know that the courts do not have the power to discharge debts, but they can reduce the amount you owe.
In most cases, however, chapter bankruptcy is not the best option. This is because the courts can write off your debts, but they can also order you to sell your house or car to pay off your creditors. If you are considering chapter bankruptcy, you should speak with a bankruptcy attorney before making any decisions.
What are the advantages of hiring this type of lawyer?
Bankruptcy attorneys in California offer their clients a number of advantages. First, they will help you understand the bankruptcy process and inform you of your rights and obligations. Second, bankruptcy attorneys can present your case in court and represent you during the process.
Third, bankruptcy attorneys can help you negotiate with your creditors and try to get your debt reduced. In some cases, bankruptcy attorneys can even help you avoid bankruptcy.
What are the main cases handled by a bankruptcy attorney?
Bankruptcy attorneys in California can handle a variety of cases, including:
-Chapter Bankruptcy Cases: these cases deal with the cancellation of debts and the sale of assets. The bankruptcy attorney will be in charge of presenting the case in court and representing the client throughout the process, in case an agreement cannot be reached with the creditors, the attorney can also take the case to trial.
-Chapter 13 Bankruptcy Cases: Chapter 13 deals with debt reorganization and installment payments. The lawyer will present the case in court and will represent the client throughout the process, in case no agreement is reached with the creditors, the lawyer can also take the case to trial.
-Bankruptcy cases due to default: these cases deal with the non-payment of bills. If you haven’t paid a bill for more than 90 days, your creditor may sue you for default. In this case, the bankruptcy attorney can help you present your defense in court and represent you throughout the process.
-Foreclosure cases: these cases deal with the bank’s attempt to seize the property to recover an unpaid debt. The bankruptcy attorney can help you present a payment plan to the court and fight to prevent your property from being seized.
-Cases of asset recovery: these cases deal with the recovery of assets that have been seized by the bank. The bankruptcy attorney can help you apply to the court to be allowed to repossess your assets and fight to keep them from being taken by the bank.
What is the legal process like with this type of attorney?
When you hire a bankruptcy attorney, the first thing they will do is meet with you and assess your situation. Next, the attorney will inform you of your rights and help you understand the bankruptcy process.
After this, the lawyer will take care of presenting your case in court and representing you throughout the process. In some cases, bankruptcy attorneys can even help you avoid bankruptcy.
In short, hiring a bankruptcy attorney will help you understand the process and give you the best chance of avoiding bankruptcy. If you are considering bankruptcy, you should speak with a bankruptcy attorney before making any decisions.
If you need help with any bankruptcy case, you can contact our bankruptcy law firm who are willing to advise you. Contact us today to schedule a free 30-minute consultation with one of our bankruptcy attorneys. We look forward to helping you!
Likewise, if you need help with any other legal case, you can contact the law firm without borders, which we are sure will help you with anything you need about your case.