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What Are Bankruptcy Lawyers?

Mar 28, 2008
Bankruptcy lawyers can be the savior of people who have made the tough decision to file for bankruptcy; their help will be invaluable as the process can affect the whole family for a number of years. Filing for bankruptcy has been made more complicated recently and more work is required before the process can be completed. An attorney will be able to carry out the work on your behalf so that there are no mistakes. Most debtors will find that once this means-testing is over, most of the changes to the law end there, and they will be able to proceed with the application just as did before the changes were introduced.

One important thing to remember is that most individuals who file for bankruptcy protection don't lose any property as the U.S. bankruptcy code provides exemptions. These exemptions allow you to keep a certain amount of value in large property like your home and an automobile. Work clothes, tools and other essential items like furniture are also exempt, as a bankrupt still needs a place to live and a way to travel to work.

Of course, some States have made additions to the federal law and this is where your bankruptcy lawyer will be of more assistance if you want to retain the possessions to which you are entitled. The chances are that the person filing for bankruptcy does not own very high value items. The purpose of insolvency is not meant to be a punishment therefore many things required for living are exempt from creditors.

The unfortunate aspect to this is your credit rating will be affected and on your record for a decade. You see, you're the majority of your credit score rating is made up of more recent financial activities and not so much about past ones. What this means is that within a relatively short space of time after you become bankrupt you will start receiving credit applications but at this stage you must be very careful.

Your bankruptcy lawyer will tell you to be wary of these offers at this time as many companies specialize in approaching these types of cases and offer loans at extortionate interest rates or conditions. Such credit could put you back in the position you were before. Your attorney will be able to advise you on reputable companies but whatever your credit agreements are, you will do your credit rating a great deal of good if you ensure that you always pay more than the minimum required.

In fact if you keep your financial affairs clean, in a matter of a few years, you can find yourself with a re-built credit rating. Buying a house or arranging an unsecured loan after this short period should not cause you any undue problems even though your bankruptcy will be on your record for 10 years.

It usually the result of a set of unfortunate circumstances that leads to a bankruptcy. It is not because the individual is a failure looking for an easy way out of his debts as the credit companies would like you to believe. After the recent changes, the government may decide to make it even harder to qualify for bankruptcy if this type of approach by credit companies continues. Your bankruptcy lawyer will tell you that the vast majority of people who file for bankruptcy protection are honest, hard working, law abiding people that are just victims of poor fortune and circumstance; they are not criminals who are trying to deceive the State.
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