Is Bankruptcy Law Complicated?
A San Francisco bankruptcy lawyer discusses the difficulty of bankruptcy law
Where is the bankruptcy code found?
The Bankruptcy Code is Federal law and is found in title 11 of the United States code. Within the title are all the various chapters of bankruptcy in addition to the general provisions and definitions governing application of the code.
Is bankruptcy law complicated? Generally, yes. While it varies chapter by chapter, an individual or businesses filing for bankruptcy will need to know the proper procedure for submitting a petition to the court and how to list and notice all potential creditors. In addition, individuals must know the proper section of the code to cite with respect to exempting personal property, otherwise there is a risk such property could be sold.
Aside from exempting property, what else is complicated?
While it varies case by case, bankruptcy law is complicated in the sense that there are various motions that must be filed with the court in order to either have something done or prevent something from being done. In addition, creditors often file motions with the court in order to have the automatic stay lifted. Knowledge of those laws and procedures is necessary in order to defend against such motions.
Can I represent myself in filing bankruptcy?Yes. There is no requirement that you must be represented by a lawyer, however, most individuals are not aware of all the various aspects of bankruptcy law. In addition, a failure to property list assets and debts may result in certain debts not being discharged. In a chapter 13 repayment plan there is the risk that the plan will not be confirmed based on the lack of understanding of what is required by the court.
If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Francisco Bankruptcy Attorneys. After you have spoken with one of our Bay Area bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!
