When filing a Chapter 13 Hacienda Heights you need to Disclose Everything

The law is not something which you want to mess with and it is one area where, contrary to popular belief, honesty really is the best policy- well in most cases. This is certainly true when you decide to file for chapter 13 bankruptcy Hacienda Heights. Filing a chapter 13 Hacienda Heights, or anywhere else for that matter, is a serious matter and not to be taken lightly.

If you find that you have to file for chapter 13 Hacienda Heights then the first step is to obtain as much information as possible, even before you retain an attorney in to help you with filing a chapter 13 bankruptcy Hacienda Heights. Open and honest communication is the foundation of the relationship between attorneys and their clients. Without the privilege, clients would not divulge important confidential information to their attorneys, and therefore, their attorneys would not be able to provide adequate advice or representation.

It is important for debtors who file a bankruptcy case under Chapter 13 to understand their rights and responsibilities. It is also important that the debtors know what their attorney's responsibilities are, and understand the importance of communicating with their attorney to make the case successful. Debtors should also know that they may expect certain services to be performed by their attorney. In order to assure that debtors and their attorney understand their rights and responsibilities in the bankruptcy process, the following guidelines provided by the court are hereby agreed to by the debtors and their attorneys.

Before the case is filed

The debtor agrees to:

• Provide the attorney with accurate financial information concerning income and expenses, and assets and liabilities.
• Discuss with the attorney the debtor's objectives in filing the case.

The attorney agrees to perform the following “Basic Services”:

• Meet with the debtor to review the debtor's assets, liabilities, income, and expenses.
• Counsel the debtor regarding the advisability of filing either a Chapter 7 or Chapter 13 case, discuss both procedures with the debtor, and answer the debtor's questions.
• Advise the debtor of the requirement (and procedures involved) for obtaining a credit counselling certificate and completing the debtor education course.
• Advise the debtor of the requirement for providing documentation on income and tax return filings.
• Explain to the debtor how, when, and where to make the Chapter 13 plan payments.
• Explain to the debtor how the attorney's fees and trustee's fees are paid and provide an executed copy of this document to the debtor.
• Explain to the debtor that the first plan payment must be made to the Chapter 13 Trustee within 30 days of the date the plan is filed.
• Advise the debtor of the requirement to attend the 341 Meeting of Creditors, and instruct the debtor as to the date, time and place of the meeting.
• Timely prepare and file the debtor's petition, plan, statements and schedules.

Filing chapter 13 bankruptcy Hacienda Heights is a common thing these days and nothing to be ashamed off. Filing a bankruptcy chapter Hacienda Heights is best done with professional assistance.

Things to Note when Facing Small Business Bankruptcy Downey

When it comes to skimping on spending money there are certain areas where it is worth it but other places where it should not be done. One of these is if you ever need to hire a lawyer for bankruptcy Downey, or anywhere else. No one is saying that you need to hire the best bankruptcy attorney Downey has but you should certainly search among the best bankruptcy lawyers Downey has within your price range.

If your small business is struggling with debt, small business bankruptcy Downey, or wherever, may provide some relief. Whether bankruptcy can help depends on a number of factors, including:

• The legal form of your business, for example, is your business a sole proprietorship, general partnership, corporation, or Limited Liability Company?
• Whether you are personally liable for business debts
• Whether you want to close your business or keep it running, and
• How much and what types of debts you have.

Since lawyers bankruptcy Downey don't come cheap, it's important to work with an experienced yet affordable attorney who can really help you work through this process and achieve your goal of getting out of debt.

Depending on the circumstances, small businesses have three potential bankruptcy options:

Chapter 7 – Chapter 7 is a bankruptcy option for debtors that do not have the means to restructure their obligations and continue in business.  In Chapter 7, a trustee is appointed, available assets are sold, and creditors are paid to the extent funds are available.  Partnerships, limited liability companies, and corporations are all eligible to file bankruptcy under Chapter 7.  Depending on their income, individuals who own and operate small businesses as sole proprietorships also may file bankruptcy under Chapter 7.

Chapter 13 – Chapter 13 can be a restructuring option for small businesses owned and operated by individuals (that is, sole proprietorships).  Only individuals may file Chapter 13, so it is not an option for businesses operated through partnerships, limited liability companies, or corporations.  Chapter 13 eligibility is also subject to debt limits.  Currently, an individual cannot file Chapter 13 if he or she owes more than $383,175 in unsecured debt or $1,149,525 in secured debt.

Chapter 11 – The other bankruptcy option for small businesses is Chapter 11.  Generally, small businesses shy away from Chapter 11, because it is expensive, risky, time-consuming, and complex.  Chapter 11 is the only bankruptcy option, however, for a small business seeking to restructure and continue in operation if it is owned by a partnership, limited liability company, or corporation.  Chapter 11 is also the only bankruptcy option for individual business debtors who want to reorganize but owe too much money to meet Chapter 13’s eligibility requirements.

Lawyers for bankruptcy Downey and other places can advise you about all the necessary documentation and paperwork you need to support your case, they know local court rules and procedures, and they can answer any critical questions you may have about the process along the way. They are worth spending a little extra money on so that your case can proceed smoothly.

Chapter 13 Attorneys Buena Park Will Point Out the Advantages of Filing

Although you may think that all bankruptcy is the same this is not the case. I was speaking to a bankruptcy law attorney Buena Park last month and he pointed out that chapter 13 Buena Park, or wherever, has certain advantages over bankruptcychapter 7 Buena Park 

In a Chapter 13 bankruptcy, you make monthly affordable payments that will go to your creditors. A Chapter 13 bankruptcy has many benefits. For example, Chapter 13 allows you to pay back amounts that you owe on car loans or mortgage loans. You can pay the back amounts owing even if the creditor does not agree. By being in a Chapter 13 payment plan, you can prevent repossession and foreclosure. It is a very valuable tool and it may allow you to keep property that you could have lost to creditors if you had filed a Chapter 7 case

.

The Chapter 13 plan payments are designed to be affordable for you and are typically much less than what could be negotiated through creditors directly or through "debt settlement companies" located in other states – many of whom offer payments that that are not much lower that what the credit card companies offer. At the end of the Chapter 13 plan, credit card, medical and many other types of debt will be completely eliminated as a reward for completing the plan.

There are other great reasons to file a Chapter 13. One can use a Chapter 13 to pay many back taxes and child support debts which you could not normally eliminate in a Chapter 7 case. Furthermore, if your household income is too high for a Chapter 7, a Chapter 13 may be the best option. People find that Chapter 13 plan payments are much less than they would have to be normally without filing.

In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:

·         A list of all creditors and the amounts and nature of their claims;

·         The source, amount, and frequency of the debtor's income;

·         A list of all of the debtor's property; and

·         A detailed list of the debtor's monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc

.

Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's financial position.

Bankruptcy law attorneys Buena Park and specialist chapter 13 attorneys Buena Park have an obligation to tell you the truth and to encourage you to do the same thing too. it is not advisable to be dishonest as you will not be able to get the correct advice and help. You may also find yourself in further trouble by being accused of being fraudulent

The Pros and Cons of Reaffirming a Debt in Bankruptcy

Under normal circumstances, when you reaffirm a debt, you are required to sign a contract with the lender that you are going to continue making the payments until you clear all the balances. Such contracts include taking mortgages or a vehicle loan. However, you need to be very careful when signing such contracts as it may lead to be totally out of bankruptcy. In other words, if you fail to make continuous payments, as the deal requires, the lender has the authority to reposes the property you acquired from the loan you were given, for instance, the vehicle you bought and other personal properties to settle down the balances owed from you.

Signing reaffirmation agreement has several advantages. These include the following:

First, since the debt by the lender doesn’t show the amount discharged on your credit, then, you will continue to receive all the affirmative impacts on your credit from regularly monthly payments.

Secondly, the agreement is a deal between the lender and the receiver so that both negotiate for the better terms and conditions for the existing loan. Therefore, the lender will be certain that the loan receiver will not walk away without clearing the outstanding balances.

Thirdly, the reaffirmation agreement will be used to calculate the interest rate deductions that will helpful to the person being advanced with the loan, such that his/her monthly payments would be more affordable. In addition, principal balance reduction will be indicated too.

Finally, upon signing reaffirmation agreement, you will be certain that all the laws have been complied with and you will be sure that security of your property. Therefore, the lender will not be able to repose your property such as your vehicle unless you have defaulted in making your regular monthly payments.

However, reaffirmation agreement has its drawbacks, and the following is the most common:

If you fail to clear all the outstanding loan balances, the property acquired will be reposed to clear it. The worst-case condition is that you are less likely to ask for another loan in the future. Some lenders can blacklist your name and other lenders would shy away from you.

All reaffirmation agreement must done in the lending office upon which the loan will be processed. The agreement must be witnessed and thereafter signed by you (whom loan will be given), a bankruptcy judge, and the lender. In addition, the agreement must approved by the court; therefore, the loan requester and the attorney must appear before the court to affirm your agreement before the judge that you will be able repay the loan each month. However, most lenders charge additional fees to facilitate the above extra steps.