Will Your Creditors Stop Calling You? Automatic Stay in Bankruptcy

Actually, you don't even need to file for bankruptcy to prevent creditors from calling you. All you have to do is inform them in writing that you don't want them to call you. All they can do after that is to send you a final demand letter before filing a lawsuit against you.

Nevertheless, once you do file for Chapter 7 bankruptcy, your creditors, secured and unsecured, are automatically precluded from trying to collect what you owe them. It's called "automatic" stay because court issues this injuction on its own initiative without you even asking for it. This is to give you some peace of mind and to ensure that the bankruptcy trustee, and not your creditors, will decide what you get to keep. Even non-dischargeable loans are subject to the automatic stay.

When the stay applies

Credit card, medical debts, attorney's fees. Creditors cannot file a lawsuit against you or proceed with the old one.

Utility disconnections. Utility companies may not cut off your service for 20 days after you file.

Overpayment of public benefits. Government cannot reduce your current payments to make up for what you owe them.

IRS liens.

Foreclosures are initially stayed but will be lifted if you've already filed for bankruptcy within the last two years and the court allowed the lender to proceed in that previous case. This is done to prevent people from filing for bankruptcy just to prevent foreclosures. However, the court will likely lift the stay if the foreclosure will ultimately occur. If keeping your home is a priority, Chapter 13 bankruptcy might be a better option.

When the stay does not apply

Certain types of collection actions against you are not prohibited by the automatic stay:

- Tax proceedings, such as IRS tax audits or demands for payment.

- Most divorce and child support proceedings.

- Pension loans.

- You had a prior bankruptcy case pending within a year before filing. In this case, automatic stay will be effective for 30 days only in the present case.

- You've missed the deadlines for dealing with secured debts (where some of your property is a collateral in case you don't pay).

- Evictions, if the landlord already got a judgment against you before you filed for Chapter 7 bankruptcy or the landlord claims you've endangered the property or used controlled substances on the property. Otherwise, automatic stay does apply but the landlord is likely to eventually prevail on a motion to lift it and evict you.

To find out more about the bankruptcy process, please contact San Diego business and employment attorney Sergei Tokmakov. Call now (858) 205-5665 for a free consultation or free bankruptcy articles.

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Online Bankruptcy Lawyers Provide Insight And Debt Dissolution Not Possible Otherwise

In the current state of the economy, more and more people are struggling financially, trying to find ways to save money, catch up on bills and more. Increasingly, people are choosing to file for bankruptcy, in order to rid themselves of incessant creditor phone calls and letters, as well as start anew financially. If this sounds like you, do not be embarrassed about filing a bankruptcy, because it is an easy way to absolve yourself of all of the insurmountable debt you have, and give you the opportunity to start over. Perhaps the easiest way to do this is to find an experienced online bankruptcy lawyer who can help you. The best online bankruptcy lawyers will be able to hope you dispose of the threats by your creditors, as well as find the best possible solution to dissolve your financial issues.

By filing a bankruptcy, your online bankruptcy lawyer can help you to gather up all of your bills, and dissolve them in a variety of chapters of bankruptcy. Your online lawyer will be able to tell you which chapter is best for you, so you will want to discuss this with them further. The lawyers provide with you a unique opportunity, because it allows you to stop struggling and fighting with your insurmountable debt and get the help that you need. The lawyers have also provided thousands of people with a new day in which to rebuild and recover from their financial crises. For this reason, you are going to want find an online bankruptcy lawyer that is experienced in bankruptcy laws, and can help you find the proper and most effective dissolution of your debts, so you can have your new day as well.

You do not have to fight with your creditors any longer, because your online bankruptcy lawyer can do this for you. Once you have made the decision to file bankruptcy, your lawyer goes to bat for you against your creditors and the phone calls and letters will stop. They will be able to provide you with a new semblance of normalcy in your life, as you can get back to what matters most. Your online bankruptcy lawyer will be able to find the best chapter for your specific situation, whether it is a debt consolidation form of bankruptcy, or a total liquidation of your debt. Only an online lawyer will be able to help you decide which chapter of bankruptcy is right for you, because the different chapters cover businesses and individuals in different ways. What is more, bankruptcy lawyers can help you navigate the complex waters that are the legal system, in order to provide you with the quickest, easiest and painless bankruptcy process possible.

Although there are many online bankruptcy lawyers available, you will want to do your research before you choose your lawyer. You will want to look for a bankruptcy lawyer that is experienced, knowledgeable, professional and is willing to help you by answering all of your questions, and helping to alleviate your mental stress, as well as your debt. There is an extensive amount of legal knowledge required to achieve a successful bankruptcy, so take your time and choose the best online bankruptcy lawyer for your specific situation.

Get the information that you need in order to alleviate yourself from your insurmountable debt by contacting an Online Bankruptcy Lawyer today.

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Important Things to Know About Filing Bankruptcy

In today's economy, a growing number of people are finding it hard to make ends meet. With so many out of work and not able to pay their debt obligations, often it seems that the only answer is calling up a bankruptcy attorney and getting the process started. While bankruptcy can be a good solution for some people/families, it is not always the best option.

In order to help better understand the process and if it makes sense in your particular case, here are some common questions people often ask about bankruptcy:

What is Chapter 7 Bankruptcy?

Chapter 7 is a type of personal bankruptcy whereby the debtor is permitted by the court to discharge certain debts, meaning the debtor is absolved of any liability to repay those debts. Debts normally included in a chapter 7 bankruptcy are unsecured loans such as credit cards and medical bills. Examples of common unsecured debts that CANNOT be discharged through a Chapter 7 include government-backed student loans, child support/alimony, and back taxes.

How Does a Chapter 7 Filing Work?

When a debt is discharged under a chapter 7 bankruptcy, the court orders the creditor to halt all collection activity on the debt owed. This means that the creditor must stop all phone calls, mailings, or any other form of personal contact with the debtor.

When Does Filing Chapter 7 Bankruptcy Make Sense?

When a person or family has a significant number of unsecured loans like credit cards and/or medical expenses and lacks the income to keep up even the minimum payments on them, then Chapter 7 bankruptcy may be the best option.

A typical scenario where a Chapter 7 might make sense is if the primary earner in the household becomes unemployed and/or disabled with very little prospect of finding decent paying work for the foreseeable future, and the family has a high amount of unsecured debt with little hope of paying it back. However, since each individual case is unique, it is always recommended to schedule a consultation with a bankruptcy lawyer to find out what's best in your case.

What is a Chapter 13 Bankruptcy?

A Chapter 13 is the other type of personal bankruptcy. In contrast to a Chapter 7, Chapter 13 does not completely discharge your unsecured debts. Instead, it works more like a debt consolidation in that it allows you to submit a plan to the court on how you will pay off your debts over a set period of months/years. If the court approves the plan, they will order the creditors to halt personal contact with the debtor. The debtor will then make a set monthly payment, which will be then divided up among the creditors in a fashion that is agreed upon by all parties.

When Does it Make Sense to File a Chapter 13 Bankruptcy?

A Chapter 13 bankruptcy may be a good solution if you are behind and unable to make all the monthly payments on your various debts, but still have a steady monthly income. The effect of a Chapter 13 is to lower your interest and/or monthly payment obligation to a level that is deemed affordable, so you can eventually pay back your debts, just over a longer period of time than is called for under the current payment schedule.

If I file bankruptcy, will I be able to keep my house?

In most cases the answer is yes. As long as the equity in the home is exempted (which is usually just a matter of the bankruptcy lawyer petitioning the court for the exemption and the court approving it) you should be allowed to keep your home. In cases of a Chapter 13 filing, there should be no problem keeping your home as there are no actual debts being discharged during Chapter 13, and you will usually be making the same monthly mortgage payments as you were previous to the filing.

How does bankruptcy affect my credit?

Bankruptcy will stay on your credit report for 10 years. However, if you are in a position where it makes sense for you to file bankruptcy, your credit is likely already severely damaged. By filing bankruptcy, you are able to discharge most, if not all of your unpaid bills, meaning these debts will eventually disappear from your report altogether, leaving just the bankruptcy and any new credit obtained thereafter. If you are able to avoid getting behind on bills after the old unpaid debts are discharged through bankruptcy, it is possible that your credit will become stronger after the proceeding is over.

Can I file bankruptcy without affecting my spouse's credit?

It depends. If you have debts with both spouses' names on it and want them discharged through bankruptcy, then either both spouses need to file, or the spouse not filing bankruptcy will usually be held liable for the debt. If all the debts being discharged are in the name of the spouse filing the bankruptcy, then it should not affect the other spouse's credit.

There is one thing to keep in mind when it comes to joint debts and bankruptcy; if one spouse files and both spouses later apply for joint credit, the credit approval decision will normally be based upon the spouse with the lower credit score.

What is the cost of a typical bankruptcy attorney?

This depends on the type of filing and the region of the country you are in. A Chapter 13 is more involved because the bankruptcy attorney will be representing you for up to 5 years. On the other hand, a Chapter 7 should be over and done within a year at the most. For this reason, a Chapter 13 will almost always cost more than a Chapter 7.

For a Chapter 7 bankruptcy, lawyers charge generally between $750 and $2500, depending upon region and complexity of the case. For a Chapter 13, the bankruptcy lawyer may charge somewhere between $2000 and $4000, again depending on region and complexity. In most cases, the bankruptcy lawyer will not charge the entire fee all at once, and will allow you to set up a monthly payment plan.

For more than 10 years, Lombardo Law Office has assisted thousands in the greater Milwaukee area by helping solve their debt problems. Get in touch with a Milwaukee bankruptcy attorney at our firm today for a FREE, private consultation at 414-543-3328.

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Bankruptcy Code Section 523(a)(9) - The Dischargeability of DUI Debts in Bankruptcy

According to Section 523(a)(9) of the Bankruptcy Code, debts related to death or personal injury caused by a debtor's drunk driving cannot be discharged in bankruptcy. This provision of the bankruptcy code does not specifically address property damage caused by a debtor's drunk driving. Therefore, property damage caused by the debtor's drunk driving can typically be discharged in bankruptcy.

One caveat to this rule, however, is property damage caused by the debtor's willful or malicious acts while drunk driving. In such an instance, the provisions of Section 523(a)(6) become applicable, which prohibit the discharge of debts "for willful and malicious injury by the debtor to another entity or to the property of another entity." Showing the proof necessary to prevent discharge for willful or malicious acts is much more difficult, however, because such property damage debts are generally held to be incapable of discharge under Section 523(a)(6).

The inability to discharge death and personal injury related drunk driving debts under Section 523(a)(9) applies to all forms of bankruptcy and therefore cannot be discharged under a Chapter 13 "super discharge." A creditor need not file an objection, complaint or appear in the bankruptcy proceedings to prove that such debts cannot be discharged. In fact, the creditor may seek to prove this fact in a court other than bankruptcy court and may pursue any and all normal collection practices following bankruptcy proceedings initiated by the debtor.

There is no requirement that the creditor of such a debt obtain a judgment defining the value of the debt, in order to make the claim incapable of discharge. In fact, there is no requirement that the debtor have even been convicted of a DUI offense for such a claim to survive a bankruptcy proceeding. Rather, the creditor must show only that the debtor was intoxicated under state law, that the debtor operated a motor vehicle while intoxicated, and that the claim for personal injury or death is a result of the operation of that motor vehicle, all by a preponderance of evidence standard. The creditor need not prove that the intoxication, in fact, caused the injury or death sought.

This exception to the general rule of discharge of debts in bankruptcy is due to Congress's wish to take a strong stance in opposition to DUI-related injuries. It is for this reason that the Bankruptcy Code, although generally favoring debtors, starkly opposes that general position in this particular provision.

Roger Priest, Attorney at Law is a Portland Oregon Bankruptcy Attorney who represents Oregon clients in both Chapter 7 and Chapter 13 bankruptcy. This article is not designed to be particularized legal advice for every situation and does not create an attorney-client relationship with Roger Priest. Therefore, call Roger Priest at (503) 222-7792 for help with your particular case.

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The Pros And Cons of Bankruptcy And Debt Consolidation

There are a lot of options out there for getting some relief from your debt. Listen to the radio long enough or watch some television and there inevitably will be a debt consolidation company offering to settle your debts for less and consolidate them together into an easy payment. You also will hear from the bankruptcy attorneys, who offer to help you maximize how much debt you can discharge and how much property you can keep in a bankruptcy filing. So what to do, both offer to take care of your debt, and who really wants to file for bankruptcy? Here is a short examination of the pros and cons of each, Bankruptcy and Debt Consolidation.

First debt consolidation. Lets start with the pros.

1) No bankruptcy. You are not filing bankruptcy. Lets face it, bankruptcy has its cons which will be examined below, and there is a strong social stigma associated with it. People are embarrassed to file bankruptcy. Beyond the social reasons not to file are the financial. There is a benefit to your short term future credit if you avoid bankruptcy. So for many individuals just avoiding a bankruptcy is reason enough to go with debt consolidation. If it works.

2) Keeping property. This is important depending on what you own and how nice it is. Many people filing chapter 7 bankruptcies are what is considered no asset cases. Meaning that with bankruptcy exemptions and other timing options of filing the bankruptcy petition they keep ALL their property and do not lose a thing in a bankruptcy filing. Lets face it though many of these people do not have much which is why they get to keep it all, but you might be surprised as to how much you can keep in a bankruptcy. If you have a lot of nice things though, filing bankruptcy might mean getting rid of them, and that, for some, is unthinkable.

3) Your credit score. That all important credit score now affects everything from how much you pay for car insurance to whether or not you get offered that great job you went out for. Avoiding bankruptcy, especially in the short term will do wonders here. However, many people considering a debt consolidation already have terrible credit, a bankruptcy might not be able to worsen it.

4) Could be wonderful. When it works, it can work great. You get a great deal from the creditors, you pay off the debt for less than it is worth, you are free and clear and have avoided bankruptcy, and the future credit problems that bankruptcy can bring.

And now the cons to debt consolidation.

1) Taxes!! I put this first because many people do not realize this, but any amount of debt you are forgiven in the debt consolidation process is considered taxable income. That is right, prepare for the possibility of a big tax bill at the end of the year.

2) The price. Debt consolidation can be costly, many times much more than a bankruptcy attorney would charge to represent you in a bankruptcy. This does not mean that it is not worth it sometimes, but that will depend on all the factors of an individual case. How much exactly is being saved versus the costs of going through the process.

3) The time. The debt consolidation process can take awhile. Just think it through, you or your debt consolidation team must get all your creditors to the table, or at least most of them to make it worth it. Then they are all going to have to agree to some sort of deal where they may take less money in exchange for fast and guaranteed payment. This can be difficult or maybe impossible depending on how many creditors there are and how disposed they might be to making or not making any sort of deal. The timing here is important, especially for people who may be facing imminent foreclosures, repossessions, or garnishments. While negotiations drag on, property you depend on to make those future payments may be being taken from you, like your car.

4) Could go badly. The result of a debt consolidation might be to leave you burdened with a lot of debt that still has to be paid back over a significant period of time. Depending on your situation, debt consolidation might be one of the big steps on your way to a bankruptcy. This does happen and is unfortunate because all that money paid to the debt consolidation company is money not well spent. Remember that the creditors in this situation have no obligation to accept the debt consolidation plan. The plan really only is as valuable as the creditors allow it to be.

Now, lets look at some of the pros as far as a bankruptcy is concerned.

1) The fresh start. You get all the debt taken care of, and you are setup with a fresh start and opportunity to remake your financial life. There really is nothing else like it, not even close. Being able to walk away from all that bad luck, or those not so good decisions is powerful stuff. There is no tax burden for the unpaid debts, there is nothing you have to look back on.

2) Very quick relief. Although you may not get your discharge for a few months in a chapter 7 and a few years in a chapter 13, the automatic stay arises immediately and forces your creditors to wait, stop all collection efforts, all lawsuits against you, all garnishments, repossessions, or foreclosures. This is very powerful and again there is nothing else like it. You can even prevent your utilities from getting turned off, or get your utilities turned back on. Immediate, quick relief, can be very important.

3) Relatively cheap. Costs to hire a bankruptcy attorney can vary widely and every case is different and some more expensive than others. That being said many are surprised to hear that while not cheap in and of itself, relative to other options bankruptcy is fairly affordable. You will have to check the prices in your are and with the particular attorney you want to hire. Again prices are going to vary.

4) Very reliable. Bankruptcy just works, it is the law, and it is used often. A competent bankruptcy attorney can minimize the property loss to their client while maximizing the debt discharged, and if bankruptcy cannot help you they will be able to tell you, and not waste your time and money. Compared to a debt consolidation agency, who may or may not be able to make that great deal happen between you and your creditors, bankruptcy is a reliable option.

Now the Cons to bankruptcy.

1) The stigma. There is a social cost to filing bankruptcy, no getting around it. People may think lower of you because of filing. These are people who do not understand, and may never, because they will never struggle at all financially. Unfortunately, or fortunately, these people are everywhere and you may have to put up with their attitudes about your bankruptcy.

2) The property loss. You may have to lose property. For some that property might be significant either in dollar value or sentiment. Many bankruptcy filers do not have to part with any property, and there is always a chapter 13 for those who qualify, but not everyone qualifies for a reorganization under a chapter 13. Remember though, the property that is exempt from being taken in a bankruptcy is significant, check your applicable exemptions to find out more.

3) The credit score. Your credit will get worse if it is possible for it to get worse. In a chapter 7 the bankruptcy will be on your record for 10 years, for a chapter 13, it will be 7 years. You will probably be able to get credit, but you will not get great terms and it may take some persistence on your part. This is definitely one of the bigger prices you pay for getting rid of all that debt.

4) Availability. Bankruptcy is complex and is a specialized area of legal practice. Some individuals try and do it on their own. This is not recommended. There are many pitfalls that can ruin your chances for a discharge, and could even hurt you further. Even with an attorney, filing bankruptcy takes a bit of work. You have to go through your entire financial life and past. There is a lot of financial documentation that has to be collected and filed correctly, and while an attorney can help with that, there is still a burden on the person filing to dig that info up. Then there are the people who just, for one reason or another, cannot file bankruptcy. Filing a bankruptcy petition is not available to everyone, whether it is a recent past bankruptcy, or some other reason that makes filing impossible, there are many who would benefit but cannot be helped by bankruptcy.

So there you have it, not a comprehensive analysis by any means, but there is a list of some of the more pressing issues regarding the differences between Bankruptcy and Debt Consolidation and some pros and cons of each.

DISCLAIMERS: Ohio law governing attorneys and attorney advertisements require me to advise that this article is an "ADVERTISEMENT ONLY" and is not legal advice, is intended for general informational purposes only, is directed to the general public, and is not directed at any particular person, group of persons, or entity.

By an act of Congress I have been designated a debt relief agency, and I help people file for bankruptcy under the bankruptcy code.

Samuel Warden is a Bankruptcy Attorney, practicing in Dayton Ohio. You can visit his Miamisburg Bankruptcy Lawyer website, or read his Mason Bankruptcy Lawyer Blog for more information on Ohio bankruptcy.

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Keeping Your 401k Or IRA In Bankruptcy

What happens to your 401k or IRA in bankruptcy can be an area full of anxiety for someone in financial trouble. After all, many people have a lot of money in these retirement accounts. Good for them, they have diligently saved for the day when they cannot, or do not, want to work anymore. Well Congress thought that saving in your 401k or IRA was a good thing as well, and has put protections in the bankruptcy code to help make sure that even if you file bankruptcy you will not lose your retirement savings.

To really understand how this works though, a little background is required. First we need to understand what happens to all of your property when you file bankruptcy. Basically everything you own gets put into the bankruptcy estate. Think of the estate as another entity or a company even. This new entity is controlled by the bankruptcy trustee. The trustee takes all of the property in the estate, which we now know is everything you used to own, and sells it to make money and pay off creditors. That sounds terrible I know. The good news is that not really everything you own becomes property of the bankruptcy estate. There are some types of property excluded from the bankruptcy estate, for example wages you earn after the bankruptcy petition is filed are not property of the estate. You get to keep those wages, not the trustee or your creditors. The good news does not end there, because you also get to exempt some property from the bankruptcy estate as well. Exemptions are different than having something excluded from the estate, they are more like a take back. The exempted property actually becomes part of the bankruptcy estate but is exempt from being given to creditors. Instead the bankruptcy debtor gets this property back. When it comes to your 401k and your IRA accounts, these are matters of exemption. They become property of the bankruptcy estate, but you can exempt them under either federal or state law, and sometimes both.

So what exemptions apply to a 401k and an IRA? That gets a little complicated. See, depending on the state you live in, you may only be able to use that state's exemption laws. These are called opt out states, and if you live in those states you must use that states exemption laws. For example, Ohio is an opt out state, and in Ohio the exemption statute applicable to an IRA is Ohio Revised Code 2329.66(A)(10)(c). The exemptions will be different in different states, but in Ohio you get to exempt 100% of an IRA.

In some states you will be able to pick which exemptions will apply to your bankruptcy case. You can go with the federal exemptions, or the state exemptions that apply, but not both. So you cannot pick the federal homestead exemption and then try and use your state's IRA account exemption.

Now, in some cases you may need to use both federal and state exemptions. I know that kind of contradicts what I just said in the previous paragraph. The tricky part here is that you can use federal non-bankruptcy exemptions along with your state's bankruptcy exemptions. The federal non-bankruptcy exemptions only apply in very specific circumstances. However for a 401k account, Congress specially exempted them in section 522(b)(3)(C). So even if you are in an opt out state, your 401k is probably protected by federal law.

So now that we have established that your applicable exemptions may protect your retirement account, lets talk about whether your retirement account can be excluded altogether from the bankruptcy estate. Remember at the beginning of this article about property of the bankruptcy estate. Some property is excluded from this estate, and this includes 401k plans that have a non-alienation provision in them preventing creditors of plan participants from garnishing or attaching the plan benefits. This means that if your 401k is ERISA qualified then it is probably excluded from the bankruptcy estate. This is better than an exemption because the account would never become part of the bankruptcy estate and no exemption is needed to keep it.

This is complicated stuff, and this is just a brief overview, so make sure if you are going through a bankruptcy to sit down with qualified counsel who can advise you on your best course of action. Maximizing your exemptions in bankruptcy is very complicated and very important, go find a qualified bankruptcy attorney.

DISCLAIMERS: Ohio law governing attorneys and attorney advertisements require me to advise that this article is an "ADVERTISEMENT ONLY" and is not legal advice, does not create nor was intended to create an attorney client relationship, is intended for general informational purposes only, is directed to the general public, and is not directed at any particular person, group of persons, or entity.

By an act of Congress I have been designated a debt relief agency, and I help people file for bankruptcy under the bankruptcy code.

Samuel Warden is a Bankruptcy Attorney, practicing in Miamisburg Ohio. You can visit his Miamisburg Bankruptcy Attorney website, or read his Mason Bankruptcy Attorney Blog for more information on Ohio bankruptcy.

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Importance of Bankruptcy Discharge Papers

Going through a bankruptcy isn't always easy. It is tough to come to the realization that you aren't going to pay everything back. It is tough to try to work out a settlement with creditors and lenders. On top of all of that, you may have had to find legal representation throughout the process. But once a settlement is in place, the situation does get better. The worst is behind you and you are ready to move on with your life.

However, one of the most important things that you need to walk away from this type of situation is the bankruptcy discharge papers. The discharge is not always readily available. The timing typically depends on the type of bankruptcy you have filed along with the response and petitions of the creditors involved in your case. If you are on a payment plan, you may not receive your bankruptcy discharge papers until all of your payments have been met. In other cases, the discharge papers may be accessible months after the final settlement is reached. It all depends on your specific information.

These discharge papers are usually granted as long as there are no real objections. Once the case is complete, the courts will mail out a copy to each of the lenders and creditors to ensure that they are all aware of the settlement. With these papers comes a letter that warns the creditors to discontinue pursuing a person for the money owed.

Even though these papers are sent out automatically to each creditor, it is always a good idea to have a set on hand in case a problem does arise or you are contacted by a creditor that is covered under the bankruptcy discharge. In this case you would need to send a certified letter letting them know that they were covered under your bankruptcy settlement. You should also include the bankruptcy discharge papers to provide them with the evidence needed.

When the time comes to get your life back on track financially, the bankruptcy discharge papers can be a helpful tool. If you are planning to purchase a home in the near future, you will have to have the bankruptcy discharge papers to show the lender or mortgage company. In some cases you may need all of the paperwork pertaining to your case. As you work to rebuild your credit and even apply for new credit, you may need to be able to produce the bankruptcy discharge papers. Always keep at least one copy of this type of paperwork.

If you don't have a copy of the bankruptcy discharge papers, there are several different ways to obtain them. You can usually go directly through the court system to obtain the information and copies that you need. Check to see if these records are offered online. If so, you can place the order and have the paperwork delivered to you. You can also call or go down to the court's office and pick up a copy. It is important to note that there will be a fee for the papers. If the bankruptcy took place several years ago, you could potentially need to pay a fee for someone to search through the archives.

In most cases, a third party can order the papers for you. While the fees are typically a little more than you would pay going directly through the courts, the process is faster. You can get what you need and send out the papers quickly and with less hassle.

Aron Volin: Aron is support head at customer service department helps consumer and business filer to get their records after getting discharged from bankruptcy court case. He helps to have copy of official bankruptcy court records to consumers and Serve all 50 states. For more information please visit us for your copy of bankruptcy discharge papers

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Will Bankruptcy Affect My Immigration Status, Green Card, or Citizenship?

In the USA, Federal Bankruptcy Law prevents the government from discriminating against anyone for filing a bankruptcy petition. Section 525(a) of the Bankruptcy Code states that a government unit, "May not deny, revoke, suspend, or refuse to renew a license, permit charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor (in bankruptcy)..."

It is not a crime and is not considered immoral or bad to file for bankruptcy protection. Filing bankruptcy will not affect your immigration status, your green card, or your prospects for becoming a citizen. It is also illegal to discriminate against you in your employment for having filed a bankruptcy petition. Section of 525(b) prohibits discrimination even by private employers.

Section 525(c) prohibits the government or private student loan lenders from discriminating against a bankruptcy debtor based on a bankruptcy case.

In some cases bankruptcy can even be looked upon favorably, because you have rid yourself of burdensome debt. For instance, an adoption agency might be more willing to allow an adoption by parents that have obtained a fresh start on their finances through bankruptcy than a couple that is overburdened by debt.

Chapter 7 bankruptcy is designed to allow you to discharge your debts without paying anything on them. There are certain types of debts that cannot be discharged in most cases, such as student loans, fraudulently incurred debts and some kinds of tax debts. You can lose property in Chapter 7 bankruptcy. The court liquidates non-exempt assets and distributes the funds to creditors. Fortunately, there are exemption laws that allow people to keep certain types and amounts in bankruptcy. Because of exemption laws, most people lose little or nothing in Chapter 7 bankruptcy.

Chapter 13 bankruptcy is designed to allow debtors to consolidate and repay a portion of their debt through the bankruptcy court's trustee and under court protection over a period of three to five years. The debt does not have to be paid in full. The debtor is only required to pay what is reasonably affordable each month. At the end of the payment term, the remaining amount of the debt is discharged and no longer owed. Assets are not seized in Chapter 13. Many people who have higher incomes file Chapter 13 because they are not eligible for Chapter 7.

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Bankruptcy Attorney Versus Credit Counselor

Whether you choose to hire a bankruptcy attorney or a credit counselor, either one can help you in times of financial distress. Without a doubt, todays global financial crisis has inflicted much strain on individuals experiencing financial trouble. Many have found themselves going through legal proceedings without the proper knowledge of what they are actually facing. You must understand that bankruptcy and credit counseling work very differently and it is important to be acquainted with both before choosing a financial solution.

Credit Counseling

Basically, credit counselors work for credit counseling firms or companies who seek to negotiate and deal with your creditors. If you are in need of professional help as to how you can pay off your outstanding debts, you can seek the help of a credit counselor. This professional gives you essential pointers as to how you can manage your debts and finances efficiently and accordingly. A credit counselor can create a payment scheme based on your financial status and propose the plan to your creditors. The counselor can even negotiate with the creditors on your behalf about having your interest rates lowered and suggest other concessions. However, your creditors are not mandated to participate in a credit counseling option. Apparently, your creditors have the option whether they accept or reject the proposed payment scheme. Nevertheless, credit counseling services can still help you reestablish credit after the loans are paid.

Bankruptcy

Unlike credit counseling, bankruptcy clears your debts in most cases, and your creditors are mandated by law to participate in the legal proceedings. However, declaring bankruptcy would significantly affect your credit report and it puts you in the situation where your future loan applications can be rejected for up to 10 years. You may also have to surrender all properties and assets you own. This is why bankruptcy should not be taken lightly. It is in your best interest to seek professional help from a bankruptcy attorney. Your lawyer will help you identify the best bankruptcy option for you. He also helps in preparing all necessary documents, as well as stand for you during court proceedings.

Debts should not be disregarded in any way to avoid costly complications. If you think you are falling short on your payment scheme, you should look into different services to help you come up with a better plan to eliminate debt. Now that you know the difference between a bankruptcy attorney and a credit counselor, you should now recognize whom to call on in times of financial crisis.

Ed Lopez Law is a full service bankruptcy law firm serving the greater Los Angeles community and its neighboring cities. Located in the Wilshire District few miles from downtown Los Angeles, Ed Lopez Law is a California law firm offering effective and comprehensive strategies to help you understand the benefits of bankruptcy law. We offer our clientele exceptional service by taking advantage of the protection of bankruptcy law to help them start a fresh beginning. We take great pride in offering high quality service and personal attention to each of our client's particular circumstances which type of service is foreign to other bankruptcy practitioners. If you need help and be guaranteed that you will receive the proper solution to your financial difficulties, visit us @ http://www.edlopezlaw.com/.

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