Posts Tagged ‘petition’
February 13, 2011
Hiring a Los Angeles Bankruptcy Attorney
Are you are considering filing for bankruptcy and are overwhelmed with financial stress caused by creditors , or, your bills are piling up and making you lose sleep over what your options are? California leads the nation in the amount of bankruptcies filed each year according to the AACER (Automated Access to Court Electronic Records.) Hiring a professional who has the tools to assist you in your rough times with highly trained individuals and compassion for what you are going through is an important step in the recovering process. Our team at the Law Offices of Alon Darvish can help you with making the right choices and steer you back into the path of financial stability. For some, the embarrassment of facing such challenges will result in the decision to go about doing it alone which is a mistake in the long run as such a big decision plays an important part in your future. The chances of making errors during the bankruptcy process can mean you not being awarded the discharge of your debts and can become another hassle in your life. Here are some examples of why hiring a qualified individual can make the process stress free and beneficial.
Knowledge of the Law
California attorneys are knowledgeable about the California Bankruptcy process and will know the laws that need to be applied for each case. New Laws under the Bankruptcy Abuse Prevention & Consumer Prevention Act make it more difficult for individuals to file for bankruptcy by themselves. Bankruptcy laws vary depending on the state they reside in, therefore having a qualified bankruptcy attorney helps the process along. One of the advantages of having an attorney is that they understand your situation and can advise you on what is going on so you are not left in the dark during your troubling times.
Paperwork
The process to file for bankruptcy in Los Angeles is time consuming, as the amount of paperwork that needs to be completed is significant. Making sure the bankruptcy petition has a the correct information is crucial to your bankruptcy as it is the foundation of what needs to be done.
The process can be cumbersome. You may have a mountain of paperwork, which you will need in order to file bankruptcy with the court. Gathering these documents can take time and preparing the petition with incorrect information can cost you more money. A Los Angeles bankruptcy attorney can assist you with gathering all the proper information needed and they will help you file them accordingly.
Representation
Once you have hired a bankruptcy attorney, they will represent you during your case. This includes letters sent out to creditors that you have and they will help eliminate the phone calls and collections of property as they are required to contact the attorney, not you. Your attorney will accompany you to your creditors meeting which is a vital part of the process to file Chapter 7 bankruptcy . This meeting will determine which property can be taken and sold to repay the debts. Usually, bankruptcy trustee’s do not take property from the debtor because they are entitled to keep certain assets. However, in order to determine whether your assets are safe (i.e., your home, car, cash in the bank, etc…), you should speak to a knowledgeable bankruptcy attorney. The trustee will be asking questions which can be intimidating and with an attorney present, they can help you answer them so you avoid costly mistakes in the long run.
Attorneys are legally bound by a code of ethics when representing you and will work diligently on your behalf to either negotiate your debts or advise you whether a bankruptcy is the right choice for your circumstances. Our firm will not make empty promises as to what we can do for you. Rather, we will carefully discuss your best options and purse the objective of getting your debts under control, either through bankruptcy or other debt handling means.
Tags: attorney, Bankruptcy, Bankruptcy Attorney, Bankruptcy Attorney In Los Angeles, bankruptcy attorneys, bankruptcy lawyers, bankruptcy petition, Chapter 13, Chapter 7, Creditors Meeting, discharge, file for bankruptcy, Lein Stripping, los angeles bankruptcy attorney, los angeles bankruptcy lawyer, petition
Posted in California Attorney, Chapter 7 Bankruptcy, Chapter 7 Bankruptcy / Chapter 13 Bankruptcy, Code of Ethics, Law, Los Angeles Bankruptcy Attorney and Bankruptcy Lawyer | No Comments »
December 6, 2010
Tips to help you prepare for Bankruptcy
Everyone is overwhelmed with debts and responsibilities, especially in the fast hustle and bustle of Los Angeles. Make it easy with knowing what to expect with your bankruptcy filing. First, make sure you have a well qualified attorney like the Law Offices of Alon Darvish who can better guide you thru this crazy process and help you to fresh start. Here are ways to help you with your bankruptcy filing process:
- Have your taxes filed and in proper order with the IRS. If you do not have prior tax papers you can easily receive them by contacting the IRS at (800)829-1040.
- Organize all your credit card information and bills including any collection notices and if you have any pending lawsuits regarding that debt.
- Have your monthly pay stubs in order for the last six months from your employers.
- Stop using any payday loans, any personal lines of credit or any unnecessary credit card usage.
- If you have a credit card from your bank and are in debt from it, close your checking account with good standings and open another one with a different bank.
- Organize all your monthly expenses including your utilities, mortgages or rent, and car payments.
- If you are involved in any lawsuits, ask for advice from your attorney on what you need to do next.
- Continue to pay for the items that you wish to keep such as your mortgage payments or your car payments.
- Attend Credit Counseling with an agency such as www.PioneerCredit.com.
- Keep track of your credit score throughout the whole process and verify that all your credit information is correct and belongs to you.
Having everything in order by creating a folder will keep you better informed and help with the bankruptcy filing process through your difficult times. Having everything ready for your attorney will only speed things up and get you closer to the finishing line.
Tags: bank, Bankruptcy, Bankruptcy Attorney, Bankruptcy Attorney In Los Angeles, bankruptcy lawyers, car payments, Chapter 13, Chapter 7, Credit, Credit Card, Debtor, Debts, file for bankruptcy, help, petition, secured debt, Taxes
Posted in Los Angeles Bankruptcy Attorney and Bankruptcy Lawyer | No Comments »
February 25, 2010
Questions Asked at 341(a) Creditor’s Meeting
When filing for bankruptcy, a creditors meeting is general scheduled approximately 1 month after the filing of your bankruptcy petition. This hearing is conducted by the bankruptcy trustee, which is basically another attorney. Their position is to ask you certain questions to determine whether you have assets that are not exempt and can be sold off to pay the creditors. Generally, it is very rare to have the bankruptcy trustee sell assets in a bankruptcy proceeding. They begin by swearing you in and having you present your driver’s license as well as your social security card. They then begin with the questionning, which usually takes anywhere from 30 seconds to 5 minutes long (and sometimes longer, depending on how complex your case is). The types of questions they may ask may be as follows:
- State your name for the record
- Did you read the bankruptcy petition prior to signing it
- Did you understand the contents of the bankruptcy petition prior to signing
- Have you listed all your debts and assets in the bankruptcy schedule
- Have you sold or transferred any assets (including real estate) within the past 4 years?
- Do you owe any child support or alimony (domestic support obligations)?
By the time you attend the creditors meeting, the bankrupty trustee has already gone through your bankruptcy petition, your tax returns, pay stubs, etc…to determine what your financial situation is. If they determine something unusual about your bankruptcy petition (i.e., you’re filing for bankruptcy, yet you own two vehicles (a BMW and a Range Rover) which you would like to keep, they question your motives.
To learn more about filing for bankruptcy or the types of questions they may potentially ask you, feel free to contact a Los Angeles Bankruptcy Attorney.
Tags: Bankruptcy, Bankruptcy Attorney, bankruptcy petition, bankruptcy trustee, Creditors Meeting, los angeles bankruptcy attorney, petition
Posted in Creditors Meeting | No Comments »
