What does a consumer bankruptcy attorney do?

by | Oct 7, 2014 | Lawyers

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A consumer bankruptcy attorney in Salk lake City Utah is one that represents individual consumers rather than companies or municipalities that are going into bankruptcy. Bankruptcy attorneys are best hired to help make the decision in the first place, bankruptcy is something that has long term detrimental effects on ones credit score and must not be taken lightly. If it does appear that bankruptcy is in the best interest of the individual then the attorney can prepare the documents, file them with the court and represent the client in all subsequent hearings and court appearances.

There are variances in the bankruptcy law between jurisdictions. It is possible for the individual declaring bankruptcy to do so with no legal representation it is not advisable to do so. Bankruptcy law is very complex and it is easy for someone who is not professionally trained to make serious errors that can make a bad situation worse. The papers and supporting documents that are demanded by the court are very distinct, they must be prepared properly. The US bankruptcy code makes it mandatory that all consumer bankruptcy statements made in the filing are checked and verified by an attorney to ensure honesty so it makes no sense to try to go it alone in any event.

The paper work that is required by law depends to a great extent on the type of bankruptcy that is being filed for and the jurisdiction. In the case of Chapter 7 the assets of the bankrupt will be assigned and sold at auction, the proceeds will be given to the creditors and the debt will be discharged. If the individual has a regular income and has assets that he or she does not want to lose then Chapter 13 is the better choice. In Chapter 13 the bankruptcy attorney in Salt lake City Utah works with the client and the court, developing a repayment plan which allows the bankrupt to repay all or part of the debt over an agreed upon time frame.

In every bankruptcy case the debtor must appear in court at least one time, this is often to attend a meeting with the creditors who are given a chance to raise any objections they may have about the plan. It is the task of the bankruptcy attorney in Salt Lake City Utah to represent the client at this meeting, explaining the filing in detail.

Normally the attorney has no further contact with the client after discharge but if he or she should run into difficulties such as creditors that persist in getting paid, then the attorney may step back in to settle the problem.

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