Many people facing bankruptcy feel a strong sense of failure and embarrassment. The banks and even the media would like you to feel it is your fault. The truth is my clients are good people who want to pay their debts but find themselves in a bad situation. Many have found themselves drowning in debt due to no fault of their own. You have a legal right to seek real debt relief under the U. S. Bankruptcy Code. My best advice is to hold off on any moral judgment until you have all the information. More information on Utah bankruptcy can be found at www.dlblaw.com.
If you’ve filed for bankruptcy under Chapter 7 and received a discharge and are still struggling with debt, you may be able to file again under Chapter 13. The catch, however, is that you will probably have to wait a few years before re-filing.
In theory, individuals can file for bankruptcy as many times as they want, but there are some time limits and debt limits that apply to anyone trying to file again.
For complete answers on filing Chapter 13 after Chapter 7, speak with a Utah bankruptcy lawyer at 801-221-9911 or at www.dlblaw.com.
A debtor who has received a discharge may voluntarily repay any discharged debt. A debtor may repay a discharged debt even though it can no longer be legally enforced. Sometimes a debtor agrees to repay a debt because it is owed to a family member or because it represents an obligation to an individual for whom the debtor’s reputation is important, such as a family doctor. More information on bankruptcy can be founds at www.dlblaw.com
As with any area of the law, it is important to carefully select an attorney who will respond to your situation. The attorney should not be too busy to meet you individually and to answer questions as necessary. The best way to find a trustworthy bankruptcy attorney is to seek recommendations from family, friends or other members of the community, especially any attorney you know and respect. You should carefully read retainers and other documents the attorney asks you to sign. You should not hire an attorney unless he or she agrees to represent you throughout the case. Remember when you meet with an attorney you are hiring someone to work for you. Ask them questions just like you were conducting a job interview, consider asking:
• Where they went to school?
• How long they have been an attorney?
• How long they have practiced in the field of bankruptcy?
• How many bankruptcy cases do they file a year?
• Ask if you have a problem, can you call them directly to discuss the problem?
In bankruptcy, as in all areas of life, remember that the person advertising the cheapest rate is not necessarily the best. Document preparation services a/k/a ‘‘typing services’’ or ‘‘paralegal services’’ involve non-lawyers who offer to prepare bankruptcy forms for a fee. Problems with these services often arise because non-lawyers cannot offer advice on difficult bankruptcy cases and they offer no services once a bankruptcy case has begun. There are also many shady operators in this field, who give bad advice and defraud consumers.
When first meeting a bankruptcy attorney, you should be prepared to answer the following questions:
• What types of debt are causing you the most trouble?
• What are your significant assets?
• How did your debts arise and are they secured?
• Is any action about to occur to foreclose or repossess property or to shut off utility service?
• What are your goals in filing the case?
To schedule an appointment with a experienced Utah attorney for a free consumer bankruptcy consultation visit my website www.bankruptcyguy.com
Yes, it’s called “Motion to Convert” and can be done after you’ve filed for either chapter, also note that the trustee can also request a conversion.
For instance, if your chapter 13 fails, either you or the creditor, may request a conversion to chapter 7. Likewise if the trustee thinks money might be available for unsecured creditors they may make a motion to convert your chapter 7 to a chapter 13. More information on Utah Chapter 13 Bankruptcy can be found HERE.