Bankruptcy Lawyer: Your Key To a Fresh Start

Insolvency can be a challenging circumstance, but filing a legal claim to debt discharge can actually mean relieving yourself from debt and making a fresh start. Given the complex array of legalese that surrounds liquidation, consulting a competent bankruptcy lawyer is key to ensuring a successful claim in court.

Bankruptcy Basics

The federal Bankruptcy Code lays the norms and statues under which an individual or business can declare complete liquidation. In strict legal terms, there are about six distinct chapters under which insolvency is declared, but only two of those apply to individuals. In most cases, filing for bankruptcy is completely voluntary, although some creditors may initiate a suit that coerces an individual or company, which is a long-time debtor, to actually file for insolvency.

A Chapter 7 claim, also termed complete liquidation, offers individuals and even some businesses the option to liquidate all non-exempt assets in an attempt to help raise funds to clear monies owed. There are a set of eligibility parameters that decide whether a Chapter 7 filing is possible. Subject to the means test that is typically administered as well as the mandatory credit counseling that one must undergo, an individual may qualify for total relief from debts and complete discharge of liabilities. A discharge is the key advantage of declaring insolvency since it not only releases an individual from personal liability but actually prevents creditors from initiating a debt collection action in any form.

In general, a Chapter 7 lawsuit is preferred since it eliminates liability to a large extent, although a discharge in itself may not be applicable to certain debts such as a property lien. An insolvency claim based on Chapter 13, on the other hand, is significantly different in that it provides a repayment plan for debtors to repay loans on a pre-approved plan. Chapter 13 is more of a legal provision that makes honoring debts easier for an individual with a fixed income, without placing undue pressure. In addition, individuals with no non-exempt properties may actually prefer filing under Chapter 13 since this permits the retention of all assets and property titles.

Deciding Your Course of Action

With the vast legalese that surrounds insolvency most individuals are too confused, if not thoroughly overwhelmed, to efficiently make the right decision in terms of filing a successful claim. This is where seeking professional legal representation is key. A skilled bankruptcy lawyer can help assess your current financial status and will be able to offer insightful advice to make selecting the right type of insolvency claim that much easier and effective.

To begin with, most debtors assume that a Chapter 7 insolvency is inherently more advantageous since it offers a debt discharge. However, the right chapter to file under really depends on your individual situation as well as the type of debts owed. For instance, individuals not wishing to go for a foreclosure or those who own a number of non-exempt assets may want to opt for a Chapter 13, since this protects those properties that may otherwise be seized and auctioned off under a Chapter 7 claim. In addition, individuals with co-debtors to a loan are better off filing under Chapter 13 in order to protect the interests of those who are a joint-party to the debt. Be sure to discuss your specific circumstance with a qualified bankruptcy lawyer before initiating legal proceedings to help make a well-considered insolvency claim.