Financial difficulties can force you to file for bankruptcy to make it easier to avoid them. However, it is a process that can be very complicated and you will need the assistance of a bankruptcy attorney to get it all right. Generally, there are commercial bankruptcy attorneys to help filing business and consumer bankruptcy attorneys filing for individuals. In a commercial setting, your business will get creditor protection, while in the consumer setting, you or your spouse will get creditor protection and deal with paying off the debt or setting payment schedules.
When to get a lawyer involved
One of the best steps you can take when facing financial difficulties is to accept that there is a problem and actually take the right step to deal with it. Inability to pay bills, bounced checks, missing cash, constant calls from creditors and collection agencies, ever-piling debt, and uncertainty of how to handle the situation are some of the signs that you or your business may need to seek a bankruptcy attorney.
If you are a struggling company, your lawyer can help you buy time to restructure the company and reorganize debt or, in worse situations, close the company. On a personal level, the attorney can give you a fresh start financially by sacrificing some of your wealth, or you can restructure debt and negotiate payment plans with your creditors if you wish to repay the debt.
What to Expect from a Lawyer
1. An insolvency lawyer offers you competent legal advice. Not only will they advise you on whether filing for bankruptcy is the best route, they will help you fill out the correct category and advise on how best to use bankruptcy to achieve your financial goals. As part of the consultation, your lawyer will also prepare you for the process, making it as easy as possible and even sharing risks or possible difficulties.
2. The lawyer will have the opportunity to handle your bankruptcy. Familiarity with federal bankruptcy laws, the procedures and rules of local courts, and even the bankruptcy trustees in your area will make the process easier for your attorney. However, to enjoy this, you need to make sure that you choose a lawyer who has the skills and experience needed to handle your type of case.
3. Processing of all bankruptcy documents. Lengthy bundles of forms are inevitable in a bankruptcy case, but luckily your attorney will do the filing for you. The lawyers have special software that makes it easy for them to prepare the necessary documents and submit them to the courts. All you have to do is provide your attorney with all the information needed to fill out the forms such as assets, debts, income and expenses.
4. Representation at the hearings. Bankruptcy cases can have a series of hearings. While you may be asked to attend the meeting of creditors hearing, your attorney may represent you at any additional hearings. This representation saves you the hassle that comes with the cases.