Tuesday, April 14, 2015

If Debt Is Overwhelming You Can Understand Bankruptcy Laws With A Jacksonville FL Bankruptcy Attorney

By Carmella Isenhour


A petition to file for bankruptcy is done in a federal court. There is some input allowed by state law, however. Examples include details about exemptions and property rights. A Jacksonville FL Bankruptcy Attorney will explain all these details to you when you become a client.

A lawyer often begins a case with only a partial payment made. The balance of the fees are paid later, in installments. There will, however, be filing fees when documents are submitted to the federal court. If the person is a low-income earner, he might be permitted to pay those in installments.

These laws are complicated and it is wise to have a lawyer represent you. It is, however, possible to file on your own behalf in a chapter 7, which absolves you of most types of debt. The chapter 13 is rarely attempted by someone unschooled in the law due to its complexities.

Papers to be filed include a B1 petition, proposed payment schedules, the statement of finances and a form B22, which is a means test. To qualify for either debt relief certain qualifications must be met. In a chapter 7 most debt is forgiven. The person loses certain possessions to help repay what is owed. Usually the home and car are not surrendered.

The chapter 13, on the other hand, allows all debt to be repaid. The petitioner must earn enough money to cover all required payments and cover his living expenses. The payments are made as small as possible to allow him to do so.

In any case, the federal court must approve the petition and will not do so if it is filed incorrectly. Therefore, anyone attempting to act as their own lawyer is unwise. The chapter 13 filing is almost impossible without a legal background. Your attorney will provide all the help needed to cope with the many required details. By relying on your legal representative you will be assured of everything being done correctly and your best interests being protected.




About the Author:



No comments:

Post a Comment