A recent post on the internet propagated one increasingly common myth - a blatant falsehood, many will probably say - about filing for bankruptcy, namely, that debtors can no longer even file cheap chapter 7 bankruptcy without a lawyer, let alone any type of bankruptcy. As the writer of this piece put it in the caption of his write-up, article reproduced in Verizon.com titled, "Sorry You Can No Longer File Bankruptcy Without a Lawyer." In these bad economic times when consumers show growing sensitivity about cost for bankruptcy, this is a common notion, or at least a close variation of it, which one hears increasingly among mainstream bankruptcy law practitioners these days. Apparently, there is a growing feeling among the bankruptcy lawyers and the swelling army of unemployed Americans who inquire about the bankruptcy process, that only largely by having bankruptcy without a lawyer, could a debtor file cheap chapter 7 bankruptcy. Usually, the mainstream bankruptcy lawyers' argument about the supposed inability of the debtor to file bankruptcy without lawyer, is made along the same line argued by the writer in the above stated article, namely, that since the new "reform" bankruptcy or BAPCPA law implemented in October 2005, "the climate has drastically changed" in respect to the law and the procedures for filing bankruptcy, and that they have gotten so "complex" now that it is almost too difficulty, if not impossible, for a debtor to file chapter 7 bankruptcy without lawyer. Or for him or her to file Chapter 13, or any bankruptcy of any kind.
To assist with this it is important that you come prepared to this meeting with a list of this information. Now while preparing this information remember it is not essential that this information is exact, the trustee doesn't need to know the amounts down to the penny, but they will need to know roughly where you sit in general. The reason this information is important is that the bankruptcy and how it will transpire is dependent on the specifics of your situation. So if the trustee is aware of what is happening in your life they will be in a better position to discuss what you can anticipate from the filing of a bankruptcy. In this consultation you will find that the trustee will discuss a number of things. This is both from a practical and a legal standpoint, so your trustee will do more than just review your situation, they will make sure you understand all aspects of the Canadian bankruptcy system, including what a discharge is, the duties and responsibilities that you will have as part of the bankruptcy, the specific impact on credit and some of the options to a bankruptcy.
One interesting thing is that a trustee is not just about bankruptcy. Often, as a trustee is conducting this review they will help you to determine that a bankruptcy is not going to be beneficial to your situation and perhaps there is a better way (i.e. consumer proposal). This typically occurs if you have higher income and/or substantial assets or some other unique aspect of your situation. This is part of the reason that a trustee is required to review things and explain not only about bankruptcy but all the options to bankruptcy as well. That way you are aware of what different choices are available and the ramifications of those different directions. This is a part of the process that most people find surprising; if you are not a good candidate for bankruptcy your trustee will tell you that. A trustee does more than simply file bankruptcy or suggest that people file for bankruptcy, a trustee is a licensed professional who's duty it is to help you understand all the options that exist and make recommendations based on what is best for everyone. So if you are a better candidate of a consolidation loan, a debt management plan or a consumer proposal, your trustee will make sure you not only understand this, but will assist you in finding the help that you need.
If your bankruptcy case is a bit complicated and you know that you are not capable enough to defend your bankruptcy claims yourself successfully, it is always recommended to avail the valuable services of an expert bankruptcy attorney. They will never let you down. These days, even the bankruptcy lawyers choose to go for filing bankruptcy online, as it makes the process much easier and most importantly, it saves a lot of time both for the debtor and the bankruptcy attorney, but of course, it costs a little more.
If you do not want to hire a bankruptcy attorney, it will be wiser for you to take advantage of the various online bankruptcy services. They are known as online bankruptcy form processors. They will help you in several ways. For example, when you submit your specific bankruptcy case to them along with all the relevant information, they will suggest you the right type of bankruptcy that you should claim for and they will provide you the right bankruptcy forms to fill. Once you submit those forms, they will review all the information you provided with the forms. If some information is missing, the online bankruptcy forms processor will inform you regarding the same and will ask you to submit the missing information.
Once they approve everything, on your request, they will even file a court petition for bankruptcy for you. This way, we can see that filing bankruptcy online will take away the pain out of the complicated proceedings.
To assist with this it is important that you come prepared to this meeting with a list of this information. Now while preparing this information remember it is not essential that this information is exact, the trustee doesn't need to know the amounts down to the penny, but they will need to know roughly where you sit in general. The reason this information is important is that the bankruptcy and how it will transpire is dependent on the specifics of your situation. So if the trustee is aware of what is happening in your life they will be in a better position to discuss what you can anticipate from the filing of a bankruptcy. In this consultation you will find that the trustee will discuss a number of things. This is both from a practical and a legal standpoint, so your trustee will do more than just review your situation, they will make sure you understand all aspects of the Canadian bankruptcy system, including what a discharge is, the duties and responsibilities that you will have as part of the bankruptcy, the specific impact on credit and some of the options to a bankruptcy.
One interesting thing is that a trustee is not just about bankruptcy. Often, as a trustee is conducting this review they will help you to determine that a bankruptcy is not going to be beneficial to your situation and perhaps there is a better way (i.e. consumer proposal). This typically occurs if you have higher income and/or substantial assets or some other unique aspect of your situation. This is part of the reason that a trustee is required to review things and explain not only about bankruptcy but all the options to bankruptcy as well. That way you are aware of what different choices are available and the ramifications of those different directions. This is a part of the process that most people find surprising; if you are not a good candidate for bankruptcy your trustee will tell you that. A trustee does more than simply file bankruptcy or suggest that people file for bankruptcy, a trustee is a licensed professional who's duty it is to help you understand all the options that exist and make recommendations based on what is best for everyone. So if you are a better candidate of a consolidation loan, a debt management plan or a consumer proposal, your trustee will make sure you not only understand this, but will assist you in finding the help that you need.
If your bankruptcy case is a bit complicated and you know that you are not capable enough to defend your bankruptcy claims yourself successfully, it is always recommended to avail the valuable services of an expert bankruptcy attorney. They will never let you down. These days, even the bankruptcy lawyers choose to go for filing bankruptcy online, as it makes the process much easier and most importantly, it saves a lot of time both for the debtor and the bankruptcy attorney, but of course, it costs a little more.
If you do not want to hire a bankruptcy attorney, it will be wiser for you to take advantage of the various online bankruptcy services. They are known as online bankruptcy form processors. They will help you in several ways. For example, when you submit your specific bankruptcy case to them along with all the relevant information, they will suggest you the right type of bankruptcy that you should claim for and they will provide you the right bankruptcy forms to fill. Once you submit those forms, they will review all the information you provided with the forms. If some information is missing, the online bankruptcy forms processor will inform you regarding the same and will ask you to submit the missing information.
Once they approve everything, on your request, they will even file a court petition for bankruptcy for you. This way, we can see that filing bankruptcy online will take away the pain out of the complicated proceedings.
About the Author:
Frank Miller has a Debt Consolidation Blog & Finance, these are some of the articles: There Are Numerous Benefits For You Should You Consider A Gold IRA Retirement Plan You have full permission to reprint this article provided this box is kept unchanged.
No comments:
Post a Comment