If you are deep and are finding it difficult to make ends meet, you should consult a bankruptcy lawyer. Trying to deal with the problem on your own is not an effective solution, and you may find yourself in deeper trouble in the long run.
Timing can be critical for your bankruptcy filing. For a Chapter 7 bankruptcy, you should have all secured debt payments current for property you wish to keep. For example, if you wish to keep your car, you should have the car payment current by the time you file. There is no mechanism for curing arrearages on secured debts (“catching up”) in Chapter 7 bankruptcy. The earlier you contact a bankruptcy lawyer, the better off you’ll be. It pays to have a knowledgeable lawyer help you decide what to pay and what not to pay.
For a Chapter 13 bankruptcy (or “reorganization bankruptcy”), you will be given time to cure arrearages, so payments on secured debts do not have to be current at the time of your bankruptcy filing. An experienced bankruptcy lawyer can help you chose which chapter best suits your unique needs.
Before you meet a bankruptcy lawyer, you will need to assemble various documents. He’ll give you a list of those necessary documents. For example, you’ll need six months of pay subs (called “payment advices” in the Bankruptcy Code). Help your lawyer help you by having these documents organized as best you can. This will save your lawyer time. It may also save you money because it will show your bankruptcy lawyer that you are organized and can follow directions.
The bankruptcy lawyer will also have you fill out forms listing assets, debts, income and expenses, as well as other financial information. He will need this information to accurately and completely draft your bankruptcy schedules. Some attorneys will ask that you to fill out a form with your basic financial information prior to your initial appointment. Again, it’s important that you do this to the best of your ability. It will help the bankruptcy lawyer help you.
You can usually all the required forms you’ll need to fill out on the lawyer’s website. Once you have hired a bankruptcy attorney, you can look forward to getting your life back on track. Bankruptcy is about giving “the honest but unfortunate debtor” a fresh start. If you follow the advice of an experience bankruptcy lawyer, you’ll be on your way to your fresh start in no time at all.
Author Resource:
Russell A. DeMott is author of this article on Chapter 7 Bankruptcy .
Find more information about Chapter 13 Bankruptcy here.