According to the Administrative Office of the US Courts, there were nearly 1.8 million bankruptcies filed in the year ending March 31, 2006, up from just over 1.3 million in the year ending March 31, 2001. To help sort your way through the complicated maze of overcrowded bankruptcy courts, you need the assistance of knowledgeable legal advocates, with years of experience and demonstrated trustworthiness.
Bankruptcy-just the sound of it evokes strong feelings in most people. According to the Federal Reserve Bank of St. Louis, the most common profile of a person filing for bankruptcy is someone with high consumer debt and an unexpected financial crisis, such as divorce, death, catastrophic illness not covered by insurance, or loss of employment. Although filing for bankruptcy is rarely anyone's first choice when trying to cope with overwhelming debt, the decision to file for bankruptcy can be the right one when made with full awareness of all its consequences.
A debtor considering bankruptcy must bear in mind that a bankruptcy stays on his or her credit report for up to 10 years, making it difficult to get future credit such as mortgages, and that any credit extended will probably cost more in terms of interest rates and fees. A debtor should also keep in mind that some debts must still be paid. Accordingly, it is essential to seek the advice of an experienced bankruptcy attorney before making potentially life-altering financial decisions.
Mounting bills can put stress on any family's budget, but when there isn't enough income coming in to pay off those debts, late bill payments are inevitable. If you find yourself facing insurmountable debt and bankruptcy appears to be your only option, it is imperative that you seek the advice of an experienced bankruptcy attorney.
Forest Hills, New York, Bankruptcy Lawyer
If you are a consumer or business filing for bankruptcy in New York, a bankruptcy lawyer will understand that you didn't ask to be in financial trouble; from job loss to divorce, there can be many factors that lead to bankruptcy. At the Law Office of Allan R. Bloomfield, in Forest Hills, New York, Attorney Bloomfield can advise you about asset protection, stopping creditor harassment, and regaining financial security. If you are in trouble, we can help.
Bankruptcy - An Overview
Bankruptcy is a legal vehicle that provides relief to individuals and businesses in serious financial trouble and protects their creditors to the extent possible. Generally, the bankruptcy process assesses the debtor's assets and liabilities and provides a structure within which the debtor is allowed to keep some, and in most cases, all property and ordered to satisfy as many eligible debts as possible, according to an order of priority established by law. Remaining debts are discharged, except those of certain types, like domestic support orders, debt obtained by fraud and most tax debt.
The traditional stigma of bankruptcy has faded and been replaced by the view that it is a fresh start after a time of trouble. Most bankruptcy debtors have experienced unexpected and extreme financial shock, such as that caused by sudden events such as job loss, business failure, death, divorce or illness.
In such cases, filing bankruptcy may be the right answer. If you are facing serious financial challenges, it is very important to seek the counsel of an experienced bankruptcy attorney to help you to assess your legal options.
Consumer Bankruptcy
When an individual falls desperately behind in his or her debt payments, one option may be to declare bankruptcy, a legal proceeding in a federal bankruptcy court that relieves the debtor of some or all of his or her debts. While bankruptcy may not be the best option for everyone, in the right situations, it can provide people with a fresh start. A lawyer experienced in bankruptcy law can advise you as to whether bankruptcy may be the right move for you.
Commercial Bankruptcy
Like a consumer, a business sometimes finds itself in the uncomfortable position of being unable to pay its debts. One solution is to file for bankruptcy, a legal process in federal bankruptcy court that releases the business from the obligation to pay all or some of its debts. A lawyer experienced in bankruptcy can advise business owners about whether bankruptcy is right for them.
Credit Counseling Requirement in Bankruptcy
In 2005, Congress passed and the president signed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), a bankruptcy reform law. One of the new requirements BAPCPA imposes on a new bankruptcy debtor is to receive credit counseling from an approved credit counseling agency before the bankruptcy filing. A lawyer experienced in consumer credit and bankruptcy law can help educate debtors about these new counseling requirements.
Surviving the Emotional Effects of Bankruptcy
No matter what circumstances ultimately led to filing bankruptcy, both the practical and the emotional impact on the debtor will be enormous. Confronting the emotional and psychological issues surrounding bankruptcy and reaching an understanding and acceptance of the situation are essential to rebuilding and maintaining a successful financial life. An experienced bankruptcy attorney can guide a debtor through the complicated legal, financial and emotional maze of bankruptcy and steer him or her in the right direction for the future.
Bankruptcy Resource Links
American Bankruptcy Institute Consumer Corner
General information regarding consumer debt and bankruptcy.
Legal Information Institute
A bankruptcy overview from Cornell Law School, including links to state, federal and other sources.
FindLaw Guide - U.S. Bankruptcy Courts
Links to US Bankruptcy Court Web sites.
Official Bankruptcy Forms
From the Administrative Office of the US Courts.
AnnualCreditReport.com®
Official Web site where consumers can obtain free credit reports from the three national credit-reporting companies.
