Why should you hire bankruptcy attorney

Why should you hire bankruptcy attorney instead of paralegal for Bankruptcy case

As more and more people are forced to file for bankruptcy in the United States, the popularity of paralegals, also commonly referred to as “typing services” or “petition preparers” has increased as well. However, it’s important to be aware that paralegals are only capable of drawing up bankruptcy forms, and cannot act in a court of law and cannot legally provide advice regarding your bankruptcy case.

Before making any firm decisions regarding your bankruptcy case, it’s vital that you know who can help, and what they can do to help. Don’t get trapped having your papers drawn up by a paralegal only to later find out that they won’t be representing your case in court.

 

Paralegals CANNOT offer Legal Advice

To clear up any confusion, let’s just start with the facts. Filing your bankruptcy documents does not in any way mean that your bankruptcy claim has been filed, rather, it’s just the beginning. You’ll be required to attend hears, answer questions regarding your assets, additional claims to be filed and the possibility of motions or objections in court to be answered. A paralegal can do none of these things for you. If you’ve already filed your bankruptcy claim without the assistance of a lawyer and feel that a portion of the file was filled our incorrectly, assets that you want to keep, like your home, car and furniture may be put at risk.

Unfortunately, lots of people that are in need of filing for Chapter 7 bankruptcy still don’t seem to care that a paralegal cannot give them legal advice and continue to urge the paralegal typing up their casework to guide them through their case. They seem to think that paralegals know as much about Bankruptcy Law as attorneys, but just don’t charge as much. This is highly illegal and falls under a practice called Unauthorized Practice of Law. (UPL)

 

Questions You’ll Need an Attorney to Answer

Let’s check out a list of several questions that you’ll want an experienced Bankruptcy Lawyer to answer in regards to your case.

– Should you be filing a Chapter 7 or Chapter 13 Bankruptcy action?

  • What forms do I need to fill out?
  • What else do I need to turn in with my paperwork?
  • Can I keep my ___________? (car, house, jewelry, inheritance, etc…)
  • Can filing for bankruptcy stop a ____________? (foreclosure, garnishment, repossession, etc…)
  • My debts are almost all from my business. Should my LLC file bankruptcy or should I?
  • I filed for bankruptcy three years ago, can I file again now?
  • I had a very high income, but was recently laid off. Do I qualify to file for a Chapter 7 bankruptcy?

 

If any of these simple questions look like something that you’ll need to the answer to, you’ll be in need of an experienced Los Angeles Bankruptcy Attorney. Legally, a paralegal is required NOT to give answers or advice regarding any of these questions.

Contact Us Today

If you or one of your loved ones are currently considering filing for Chapter 7 Bankruptcy, don’t wait, contact the offices of KE Law today. We look forward to getting you back on your feet as quickly as possible. Contact us at 323.426.8300.

Difference Between Chapter 7 and Chapter 13 Bankruptcy

What Is the Difference Between Chapter 7 and Chapter 13 Bankruptcy?

The majority of bankruptcy cases that are filed in the United States generally fall within the realm of Chapter 7 or Chapter 13 Bankruptcy. Whether you need a Chapter 7 or Chapter 13 Bankruptcy case depends on several factors like your debts, assets, income and financial goals for the future. Let’s take a quick look about both Chapter 7 and Chapter 13 bankruptcy to help you decide which is right for you.

 

Chapter 7 Bankruptcy

Chapter 7 Bankruptcy is a liquidation bankruptcy that is designed specifically to knock our unsecured debts like credit card and medical bills. In order to qualify for Chapter 7 bankruptcy in the United States, you must literally have no disposable income. If you’re income is too high you will be forced to file for Chapter 13 bankruptcy, which we’ll talk about later.

Once you’ve filed for Chapter 7 bankruptcy, a state appointed trustee will be assigned to administer your case. It’s the Chapter 7 trustee’s job to review your paperwork and supporting documents and to sell your non-exempt property in order to pay back your creditors as much as possible. However, if you don’t currently have any nonexempt assets, your creditors won’t receive any payment. This is why Chapter 7 bankruptcy is usually reserved for those suffering of low income debt with little or no assets who desire to rid themselves of unsecured debt.

 

Chapter 13 Bankruptcy

On the other hand, Chapter 13 Bankruptcy is designed to help debtors reorganize. If you’re able to pay back at least a portion of the debts that you owe, Chapter 13 Bankruptcy is probably right for you. This is also the case as far as your income goes, if you make too much income to file for Chapter 7 Bankruptcy, you’ll have no choice but to file a Chapter 13 case. However, lots of debtors because if offers a lot of benefits that Chapter 7 Bankruptcy does not.

In addition, if you plan on filing for Chapter 13 Bankruptcy, you’ll get the opportunity to catch up on your missed mortgage payments. This way you’ll get to keep all of your property, including nonexempt assets. But, in return, you’ll have to pay a portion of your debt with the assistance of a payment plan that’s built around your income, expenses and other types of debt. Generally, we suggest Chapter 13 Bankruptcy to debtors who can still afford to make monthly. If you’re unable to pay off any non-dischargeable debts like alimony or child support, Chapter 13 Bankruptcy is right for you.

 

Contact Us

If you or one of your loved ones are currently considering filing for Chapter 7 bankruptcy and are looking for representation, don’t hesitate. Call the offices of KE Law in order to get yourself back on your feet as soon as possible. Contact us at 323.426.8300.

Bankruptcy Attorney Los Angeles

As unemployment rates continue to climb, and many family’s struggle with financial difficulties, filing for bankruptcy looks like a more viable option all the time. However, it’s important to know that not only will filing for bankruptcy seriously damage your credit, it can also affect your ability to make future purchases. If you’ve recently considered filing for bankruptcy, here are a couple of tips to avoid it.

 

  1. Consolidate Debts

Having trouble keeping track of which credit card needs to be paid when? Try contacting your creditors to have them move due dates to the same day. This can help prevent future late fees that only add to existing debt.

  1. Ask you Creditors for Help

At this point you may begin to feel that creditors are the enemy, but the truth is that they may be able to work with you and may also be the only people that can help. Negotiate with your creditors to see if the lenders will lower your interest rate in order to work out a new payment plan.

  1. Inform Creditors that You’re falling Behind

Make sure to call your lenders and creditors before your first late payment. If you’ve come to the realization that you’ve only been making minimum payments and are still getting behind, let your creditors know. They may work with you and forgive a late payment without penalty or even extend the deadline for you.

  1. Refinance!

One alternative to high interest credit card debt is to refinance your home to receive cash. Mortgage is a secured debt, which has a much lower interest rate than most credit cards, by refinancing you can apply secured debt at a low interest rate to pay the high interest unsecured debt that you’ve accumulated.

  1. Live Within Your Means

This might seem like an obvious tip, but the most important step that you can take in maintaining a healthy financial life is to live within your means. Spend less than you earn. Though this may seem like a very difficult lifestyle change, adhering to a sustainable lifestyle is really the most realistic option.

  1. Build an Emergency Fund

An adequate emergency fund should be able to cover about 4-6 months of take home salary. This way, if you were to lose your job, or emergency were to strike, the savings will help cushion the blow from your recent loss of income.

 

If you or one of your loved ones are considering filing for Chapter 7 Bankruptcy don’t hesitate and contact our offices today. We can help you make the choices that will get you back on your feet as soon as possible. Contact us at 323.426.8300.

Experienced Los Angeles Bankruptcy Lawyers

Experienced Los Angeles Bankruptcy Lawyers

One of the most important parts of filing for Chapter 7 Bankruptcy is making sure that you’ve found the right lawyer. In order to do this, let’s go over a couple things that you should be looking for in regards to experienced bankruptcy lawyers in Los Angeles. Afterwards, you can schedule an initial consultation so that you can find out more about your options before you decide who to hire.

Before Making an Appointment

Whether you’re making calls to lawyers that your friends have referred to you or your browsing the internet’s directories for reputable attorneys, here are a couple of the things that you should be looking for in an experienced Los Angeles Bankruptcy lawyer.

Experience

Making sure that your final choice has a significant amount of experience in the field. However, years of practice is not always a great indicator of an attorney’s experience. If you’re interested in hiring a lawyer to help you file for Chapter 13 bankruptcy, an experienced Los Angeles bankruptcy attorney that’s handled tons of Chapter 7 cases may not be the right attorney for you. Make sure that the experienced Los Angeles Bankruptcy lawyer of your choosing has experience in the type of bankruptcy you plan to file.

Competence

This is where things start to get a little bit tricky. You may have found an experiences Los Angeles bankruptcy attorney that has been practicing for twenty years, but might not have the best track record. At the same time, hiring a younger and less experienced Los Angeles bankruptcy attorney that is both smart and hard-working might not be the best choice as they lack experience. Make sure to ask your option for referrals from former clients, and if available, try to speak directly to their previous clients.

Reasonable Fees

Before you make your first appointment with your experienced Los Angeles Bankruptcy lawyer, make sure to find out what they generally charge for cases that file the type of bankruptcy that you plan to file for. Though some of the cost may be too expensive, cheaper isn’t always better. You don’t want your experienced Los Angeles bankruptcy attorney to be cutting corners, and you certainly don’t want to be handed by a firm that systematically processes its client’s cases. Shop around the area to find out what the average Los Angeles bankruptcy lawyer charges before making any commitments.

Do your lawyer’s recommendations seem sound?
Once you get to meet with an experienced Los Angeles Bankruptcy attorney in person, ask him or her what action they recommend taking first in your case. Go home and think about this. Do their recommendations make sense to you? If you still feel hesitant chances are that they’re not the right attorney for you.

If you or one of your loved ones are currently considering filing for Chapter 7 Bankruptcy in the Los Angeles area don’t hesitate to contact the offices of KE Law. Contact us at 323.426.8300.­­­­