Archive for the ‘Bankruptcy’ Category

Finding A Low Cost And Ethical Los Angeles Bankruptcy Attorney

Thursday, September 2nd, 2010

In these times of financial stress, it is unfortunate that bankruptcy lawyers are required. It is hard to find an attorney you feel is trustworthy, and have that lawyer be one you can afford. Do not worry. Here a a few things to help the process of finding an affordable and trustworthy Los Angeles Bankruptcy Attorney.

Recommendations are the best place to start when trying to find a lawyer. By speaking with your co-workers, friends, and family, you will find more pertinent information about a lawyer who might be right for you. Recommendations may even come from another lawyer. Talk to those around who are professionals. Maybe your banker, minister, or a local social worker can help.

Check out advertisements online, in newspapers, and phone books for lawyers. These can be useful resources. There are laws that control advertising, so this information could prove valuable. But be wary, advertisements are still designed to bring in business.

A recommendation might be hard to get. Another option could be a lawyer referral service. Make sure the service you use has been certified. These services should give you information about bankruptcy attorneys. Certified services follow certain rules created for your protection. These certified services can also assist you with reasonably priced or free advice. In addition, a certified service may be able to locate attorneys who speak other languages than English.

There is a program offered by the State Bar for lawyers who would like to be certified as specialists. Becoming a specialist requires the lawyer to show they have much experience in a specific area like bankruptcy. But, many lawyers have experience and expertise but may not have chosen to be certified.

State Bars cannot refer an attorney nor will they give legal advice. When consulting or hiring an attorney is required, a certified lawyer referral service is an excellent resource. The service will also be able to tell you if your problem might be resolved without an attorney and without going to court.

Records concerning your attorney are available to the public. Check the official bar membership available from the California State Bar. This record will show when the attorney was admitted to the California Bar, which university they attended for their undergraduate degree, and which law school they attended. Most importantly, this report will tell you if the attorney is allowed to currently practice and whether there has been any history of discipline.

Based on your financial circumstances, and the area where you require legal help, you may be able to access free legal aid. Look online at the California State Bar website for standard legal resources as well as a comprehensive database of attorneys. A few law schools also give legal clinics where you could get some free legal advice.

After you have been successful in finding a Los Angeles Bankruptcy Attorney you can trust and afford, keep them informed. Ensure a statement regarding the fee is agreed upon and is in writing. Your lawyer should not be a close friend, but stay connected, and they will guide you through the process.

Los Angeles Bankruptcy Attorneys are reliable and affordable . Check out our unbeatable guide to Los Angeles Bankruptcy Lawyers for this ultimate inside scoop on top notch legal eagles.

Restoring Credit Rating Post Bankruptcy

Tuesday, August 24th, 2010

One’s credit rating is destroyed after a bankruptcy. However, it can be easier to restore one’s rating after bankruptcy if a little thought is given to a strategy before filing bankruptcy.

Tip 1. Accounts.

The financial position you enjoy (or otherwise) with your creditors is reflected in your credit score. In other words your creditorsare key to your financial position as regards your credit rating.

If you can persuade your creditors, and it doesn’t have to be all of them, to stop reporting your credit score with them to the credit agencies, which is perfectly legal, this will have a beneficial effect on your credit rating.

Tip 2. Your Plastic Cards.

You may be surprised to know that credit cards, used properly and paying the balance off each month can help improve your credit rating, because the powers that be see you acting responsibly. So, even if you have vowed never to use one again, it is in fact a good idea to try and get a credit card after bankruptcy.

Tip 3. Try a Secured Credit Card.

A secured credit card is a credit card that is limited in its credit limit to an amount equal to a deposit with the card issuer. In other words, you give the issuer a deposit of say $200, and the limit on your card is $200. This may raise the question as to why not just have a $200 cash budget and no card.

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That way the agencies see you repaying your debt, therefore acting responsibly, and there is no danger to you of overspending, because if you cannot repay, you can use the money held on deposit.

Just be certain that the card issuer is registered with the credit bureaux, otherwise the card will have no bearing on your credit score.

Tip 4. Get on Someone Else’s Card.

If you can persuade a relative or friend (with a good credit record) to add your name to their card, you will benefit from their history and this will improve your rating. The other person’s rating is not affected by your bankruptcy and you do not even have to use the card, it can be totally passive.

Just keep in mind, however, that if the other person’s rating drops, this will affect you too.

For a lot of folk however, difficult economic times have come together to make repaying their debts impossible, and has left them considering how to claim bankruptcy. If you are in that situation and need more free advice, visit www.howtoclaimbankruptcy.net.

A Guide On How To Claim Bankruptcy

Monday, August 23rd, 2010

One should always first consider alternatives to bankruptcy.

Within 180 days of filing for bankruptcy, the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act makes it law that an individual must get some form of credit counselling.

By having counselling, an individual is made aware of the alternatives to bankruptcy, which may be suitable in their case.

Of the many versions of bankruptcy, chapters 7 and 13 are probably the most well known.

Chapter 7 is often regarded as being the best option. The downside is that most all personal assets have to be sold, including any familly home.

However, after all relevant assets have been liquidated, any outstanding debt (there are exceptions, such as tax), is cancelled, allowing a totally fresh start.

If an individual does not want to be forced to sell all their assets, chapter 13 bankruptcy removes this need altogether, by putting in place a repayment plan, debts being paid in full over a 3 - 5 year period.

The changes brought in in the 2005 legislation means that all applicants for chapter 7 bankruptcy have to undergo a means test, to ensure that they genuinely cannot work out a repayment plan.

Given the complexities of filing for bankruptcy, including deciding the best type of bankruptcy to apply for and filling in the initial legal means test, a lawyer is essential.

Appointing a lawyer instantly triggers what is called “automatic stay” and is a form of protection from creditors in that they can thereafter no longer pursue you directly for payment of debts - they have to deal directly with your lawyer.

One of the first things you have to do is supply a list of both debts and personal asets to the court. You will then be recorded answering a series of questions, on oath, at what is called a “Creditors Meeting” where the truth behind your financial submission is verified.

In a chapter 7 case, the court decides whether there are assets that can be sold to pay creditors. Once these assets are sold and the money distributed amongst the creditors, any outstanding debts are wiped out.

The situation is different in a chapter 13 filing, in that a 3-5 year repayment plan is introduced to pay off all your creditors, based on the result of your means test.

Under chapter 7, bankruptcy is discharged and notice issued a few days after the 60th day after the Meeting of Creditors, as long as no petitions have been made to the court challenging the discharge. Any challenges must be made not before the 60th day. Under chapter 13, the bankruptcy is discharged and notice issued some 30-60 days after verified completion of the repayment plan.

If you are thinking about how to claim bankruptcy, I strongly advise have a look at www.howtoclaimbankruptcy.net for more free information, including advice on how to restore your credit score after bankruptcy has been completed. This article, A Guide On How To Claim Bankruptcy has free reprint rights.