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What to expect from a consumer bankruptcy attorney

Bankruptcy is something that can be declared by a business as well as a consumer. A business and a consumer bankruptcy share several similarities but there are differences. A consumer bankruptcy attorney in Suffolk County is one which deals with consumers rather than businesses during the entire proceeding.

The bankruptcy attorney will first off advise a client whether filing for bankruptcy is in their best interests or if there is a better solution to solve the financial problems. If bankruptcy is the recommended course then the attorney will prepare the case for his or her client, representing then in all the hearings that take place as part of the procedure.

Consumer bankruptcy laws vary considerably from one jurisdiction to another. The laws in the US make it possible for an individual to self-represent in bankruptcy proceedings but it is not something that is advisable. Even the simplest of cases are complicated and it is an easy matter for someone is not a professional to make an error in the handling of the affair or make a gross error when listing their assets and liabilities and supporting them. The US bankruptcy code requires that a bankruptcy attorney in Suffolk County verify statements made by Suffolk County residents filing for bankruptcy to ensure honesty and transparency in the process.

The most common type of bankruptcy in the US is Chapter 7. With Chapter 7 the applicant for bankruptcy must turn almost all assets over to the court for disposal, the proceeds of such sale go to the creditors to retire some of the debt. Those who opt for Chapter 7 are those who really have very little to lose anyway. Other debtors will opt to file Chapter 13 which allows the debtor to develop a payment plan which, with the courts approval allows a portion of the debt to be retired over a period of time, usually four years or so. In Chapter 13 the consumer bankruptcy attorney in Suffolk County will take the responsibility of developing a repayment plan in full accordance with federal guidelines.

A person declaring bankruptcy will have to appear in court at least once during the proceedings. In the case of Chapter 13 the bankrupt meets with the creditors who have a chance in court to raise objections or concerns with the proposed repayment plan. The bankruptcy attorney will represent the client in these hearings, explaining in detail to those present the substance of the plan.

Once the bankruptcy case is concluded most attorneys have no further contact with the clients however if a creditor attempts to collect from the discharged debtor the attorney will step in and stop the collection efforts.

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