Filing for bankruptcy is complicated and should be handled with great care and attention. Thus, it is recommended to hire professional Chapter 7 lawyers to help fill and file all the necessary documents correctly. Here are five reasons why one should hire this kind of a legal expert.
Complexity of the Matter
Many complex decisions must be addressed during the bankruptcy process. For instance, there is an income-based test which evaluates one's expenses and income. It's easy for applicants to make mistakes on certain aspects of this test. For example, reporting the correct household size can prove difficult because even some courts disagree on how this should be done. Some assert that it should be a measure of how many people are in the home, while others only include those who are financially dependent on the head of the household. Chapter 7 lawyers can help applicants to understand such concepts and make the right moves along the way.
Understanding the Rules
Just like other legal processes, such as filing for divorce, rules and regulations govern the filing of bankruptcy. It is paramount to adhere to these rules to increase the chances of the application being approved. An accredited bankruptcy lawyer will have a thorough understanding of these laws and make sure that his or her client's case adheres to them. Violating these federal regulations can result in the case being nullified or delayed. In 2005, the laws for filing bankruptcy changed, making it harder to qualify for relief. One must pass the "means test," which essentially determines whether or not your income is low enough. This test is designed to prevent those with higher incomes from qualifying.
Familiar with Court Procedures
Most people are not familiar with the bankruptcy filing process. Experienced attorneys in this field have a broad understanding of the court procedures, including essential documents and information that should be presented to the jury. Tackling the bankruptcy process alone and trying to learn along the way can be risky. Instead, it is wise to work with an attorney who has the necessary education, background, and expertise.
Knowing Which Chapter to Choose
Two sections govern the process of filing bankruptcy: Chapter 7 and Chapter 13. It is imperative to know what each of them entails in order to make the right choice. For example, Chapter 13 proposes a payment plan that can last for up to five years and also protects property from been acquired by the debtors. On the other hand, Chapter 7 is faster and more convenient, but applicants have to endure an income cutoff.
Finally, the bankruptcy trustee will need to see additional evidence that backs up the filer's claims. Professional Chapter 7 lawyers will come in handy to provide, file, and double check documents and explain any sections that may be unclear to the trustee. Errors can easily result in nullification of the entire case, even before it is presented to the jury.