How A Bankruptcy Attorney Can Help You
♫ Wednesday, January 26th, 2011Many people seek bankruptcy because they are unemployed, have large medical expenses, have marital problems, or have another unexpected expense. Filing for bankruptcy can be a very emotional time, and many people have questions about bankruptcy procedures in Texas.
The first step when considering bankruptcy is to identify an experienced Texas bankruptcy law firm and work closely with them to set a strategic financial plan. The law firm should offer a free consultation meeting to discuss the credit problem and decide if bankruptcy is the right option. If it is, the firm will begin drafting the petition and ask for your signature. Then a 341 Meeting is scheduled about 30 days after the petition is filed. This meeting is help with a trustee appointed by the court and is usually a fact-finding meeting in which the trustee makes sure everything is in order.
There are several types of bankruptcy that can be filed in Texas. Chapter 7 bankruptcy is sometimes referred to as a straight bankruptcy because it is a liquidation proceeding. In Chapter 7 the debtor will surrender all non-exempt property to a bankruptcy trustee. The trustee will sell off this property and distribute the cash to the creditors. In return, the debtor is discharged from all debts within a few months. In most cases of Chapter 7 Bankruptcy, the debtor has no assets to loose, so it provides the debtor with a quick fresh start.
Another type of bankruptcy is a reorganization of debt called a Chapter 13 Bankruptcy. This type of bankruptcy allows debtors to pay off their debts over a span of three to five years. Chapter 13 is set up for debtors with non-exempt property that they want to keep, or for a person who’s income is sufficient to pay their expenses and pay off their debts.
Usually the way to decide if Chapter 7 or Chapter 13 bankruptcy is to look at the non exempt assets of the debtor. There are several Texas specific exemptions that you can claim when filing for bankruptcy, or you may choose to use the Federal exemptions in your petition. The state exemptions include the following: homestead, personal property, insurance or government benefits, property of a business partnership, tools of trade, and wages or commissions. Consult a Bankruptcy Attorney in Texas for specific information on exemptions.
Offering expert advice and bankruptcy help to consumers and businesses, the experienced attorneys at The Vida Law Firm, PLLC represent individuals and small businesses throughout the Fort Worth, Texas area in all kinds of bankruptcy proceedings. If you or your organization is facing financial difficulties, mounting bills, foreclosure and repossession proceedings, or harassing collection activity, you can rely on their skilled Fort Worth bankruptcy advice.
The attorneys at The Vida Law Firm, PLLC can represent you and your interests to creditors, the trustee, and the court, helping you reorganize debts and make a fresh start. With nearly 70 years of combined legal experience, their attorneys have the skills and experience to guide you or your business through even the most complex Chapter 7, Chapter 11, or Chapter 13 bankruptcy in Fort Worth. To schedule a free initial consultation, contact The Vida Law Firm, PLLC today.
