Jun 23, 2015

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What is expected of a consumer bankruptcy attorney?

What is expected of a consumer bankruptcy attorney?

A consumer bankruptcy attorney in Salt Lake City is a legal professional who focus his practice on representing consumers rather than businesses during the bankruptcy process. Bankruptcy attorneys advise clients who are filing for bankruptcy on what is in their best interests as well as preparing the case along with any and all documentation that the court demands. The attorney continues to represent the consumer during the entire court proceedings up until the discharge has been granted. Even after the debts have been discharged the bankruptcy attorney can assist and advise the client if need be.

Although there are many commonalities, bankruptcy law does vary from one jurisdiction to another. Although the law does not state that a consumer bankrupt has to have an attorney the complexities of these cases are such that having a bankruptcy attorney in Salt Lake City is advisable. With the law being so complex and technical is not hard for a layperson to make an error which will adversely affect the results once the petition gets to court. A bankruptcy court demands complete accuracy, the court is intolerant of any errors in the listing of the petitioner’s assets and debts. The United States bankruptcy code demands that all statements made during the proceedings are completely accurate and honest and all statements must verified by an attorney.

When filing for bankruptcy the initial step consists of compiling a complete and accurate list of all assets and liabilities as well as the completion of a number of documents mandated by the court. The greatest majority of consumer bankruptcies are Chapter 7; this form of bankruptcy entails selling the assets of the debtor, using the proceeds to pay off the creditors to whatever extent possible and having the debts subsequently discharged. Those who have considerable assets that they wish to protect will turn to Chapter 13, this form of bankruptcy demands that a plan for repayment of the accumulated debt be developed and that the debt be paid off over time. In those cases where Chapter 13 seems to be the most viable approach the bankruptcy attorney in Salt Lake City will develop the repayment plan in full accordance with federal guidelines.

It is necessary for the person declaring bankruptcy to have at least one court appearance where he or she faces the creditors. During this meeting the creditors are provided with an opportunity to raise any objections they may have and the attorney for the applicant will explain in detail to the judge and the assembled creditors all the pertinent details of the filing. If there are any concerns or objections raised during this meeting it will be the attorney who deals with them.

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