IS THE BANKRUPTCY COURT A STATE OR FEDERAL COURT?

The U.S. Bankruptcy Court is part of the federal judiciary. Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court.  Bankruptcy cases cannot be filed in state court.
For more Utah bankruptcy information visit www.dlblaw.com .

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HOW DO I FIND A BANKRUPTCY LAWYER?

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

WHAT IS THE BANKRUPTCY “MEANS TEST”?

Your eligibility for bankruptcy protection is determined in part by your household income. The Bankruptcy Code requires that you calculate your median income by looking at your gross income earned by you, your spouse and any other working member of your household during the 6 months proceeding the current month. You then have to add up all the income and divide by 6 to arrive at a number. This number is then compared to a median income table provided to us by the Census Bureau and the United States Trustee’s office. This calculation is called the “median income test.”
If you are over the median income, then a presumption of abuse arises as to your eligibility for a Chapter 7 bankruptcy and you must proceed to perform additional calculations (these additional calculations are called the “means test.”).
The addition of the median income and the means test to the consumer bankruptcy process has made bankruptcy a lot more complicated both for lawyers and for individuals. Many lawyers who used to handle bankruptcy cases no longer do so because of the complexity of the median income/means test process. My best advice is to speak with an experienced lawyer about your case. Ask the lawyer how long they have been filing bankruptcy cases for clients and how many cases they file a year. As with most things in life, experience matters. Click HERE for an experience Utah bankruptcy lawyer.

WHAT IS THE BANKRUPTCY “MEANS TEST”?

Your eligibility for bankruptcy protection is determined in part by your household income. The Bankruptcy Code requires that you calculate your median income by looking at your gross income earned by you, your spouse and any other working member of your household during the 6 months proceeding the current month. You then have to add up all the income and divide by 6 to arrive at a number. This number is then compared to a median income table provided to us by the Census Bureau and the United States Trustee’s office. This calculation is called the “median income test.”
If you are over the median income, then a presumption of abuse arises as to your eligibility for a Chapter 7 bankruptcy and you must proceed to perform additional calculations (these additional calculations are called the “means test.”).
The addition of the median income and the means test to the consumer bankruptcy process has made bankruptcy a lot more complicated both for lawyers and for individuals. Many lawyers who used to handle bankruptcy cases no longer do so because of the complexity of the median income/means test process. My best advice is to speak with an experienced lawyer about your case. Ask the lawyer how long they have been filing bankruptcy cases for clients and how many cases they file a year. As with most things in life, experience matters. An experience Utah bankruptcy lawyer can be found at www.dlblaw.com.

HOW LONG AFTER FILING BANKRUPTCY WILL THE CREDITORS STOP CALLING?

Once a creditor or bill collector becomes aware of a filing for bankruptcy protection, it should immediately stop collection efforts. After you file the bankruptcy petition, the bankruptcy court mails a notice to all the creditors listed in your bankruptcy schedules. This usually takes a couple of weeks.
Creditors will also stop calling if you inform them that you filed the bankruptcy petition and supply them with your case number. In some cases, you or your attorney should contact the creditor immediately upon filing the bankruptcy petition, especially if a law suit is pending. If a creditor continues to use collection tactics once informed of the bankruptcy they may be liable for court sanctions and attorney fees for this conduct.
For more information on Utah Bankruptcy visit us at the Law Office of Douglas Barrett, LLC.

HOW DO I FIND A UTAH BANKRUPTCY LAWYER?

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 Utah 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 www.dlblaw.com