subject: Role Of California Bankruptcy Laywer While Filing Bankruptcy? [print this page] Filing bankruptcy isn't an easy choice for people struggling financially, especially if you're not use to it. We have many clients coming to us these days who see the writing on the wall due to a recent job loss or pay cut. The truth is, you should file bankruptcy as soon as you can if you know you can't repay your debts in a timely fashion. Bankruptcy laws are there to protect consumers from their creditors by legally offering instant debt relief and stopping creditor harassment. You don't have to wait until your behind on your payments to file bankruptcy, or file bankruptcy to stop a foreclosure or repossession. I recently wrote an article called Can I Eliminate my Credit Card Debt if I'm Current? that can better explain when and how to file bankruptcy if you are current on your credit cards and what to expect.
You can use the Federal bankruptcy laws and state exemptions to protect you rather than to defend you. What do I mean by this? In my recent article "Filing Bankruptcy: Use the Laws as a Sword not a Shield" I explain how bankruptcy can be used early in a financial struggle to save you a lot of money and heartache. Unfortunately, most of our clients don't understand that you don't have to go broke before you declare bankruptcy or consult a bankruptcy attorney. Most bankruptcy attorneys file bankruptcy for consumers that don't understand this, and unfortunately run through their savings and borrow against their 401K to keep themselves afloat. In a recent article I posted, "Filing Bankruptcy Before I Go Bankrupt!", the title says it all.
So, when should you file bankruptcy? As soon as you can, if you qualify for chapter 7 bankruptcy under the "means test". If you don't qualify for chapter 7 bankruptcy you might want to consult a bankruptcy attorney regarding some pre-petition planning to avoid having to file chapter 13 if possible. You can get more information on this subject if you read my article "What if I Dont Qualify for Chapter 7 Bankruptcy?" or "Steps to Take Ahead of Filing for Bankruptcy". As California bankruptcy attorneys we understand the difficulty credit worthy consumers face when considering a bankruptcy filing. We know that filing bankruptcy is a difficult decision that should be mutually agreed upon between spouses, married couples should also both be present when consulting a bankruptcy attorney. If you are considering bankruptcy for debt relief then read When to Talk to a California Bankruptcy Attorney and all your questions should be answered about when to hire a bankruptcy attorney.
