When I was wrongfully accused of a crime that I didn't commit, I knew that I needed to work hard to prove my innocence. I hired an attorney, but I wasn't sure how things would go in the courtroom. In order to calm my fears and to prepare me for the process, my lawyer sat me down and went over the entirety of what the court proceedings would entail. It was really fascinating to hear more about what was involved in the process, and when I got into the real courtroom, I was ready. This blog is all about getting ready for court.
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How Omaha Bankruptcy Lawyers Help Clients Make Wise Decisions
17 January 2014
For some time now, you've realized that your financial situation is getting worse rather than better. It seems that every strategy you try ends up accomplishing little to nothing in terms of bettering your situation. You've thought about the possibility of filing for bankruptcy, but you are not really sure if this is the answer. The best way to put the matter to rest is to schedule an appointment with one of the bankruptcy lawyers in Omaha.
Assessing the Merits of Your Condition
During preliminary consultations, most bankruptcy lawyers in Omaha will spend time talking with their potential clients. While looking through the documentation provided by the client, the attorney will often ask a series of questions that have to do with everything from what methods have been tried to improve the financial situation to specifics about certain debts. The goal of all these questions is to determine if the client is a candidate for bankruptcy, based on his or her situation and the current laws that govern filing for this kind of financial protection.
Understanding your situation will make it much easier for the attorney to help you weigh your options. This is true even if you do meet the basic criteria for some sort of bankruptcy protection. Ultimately, the interest of the attorney is in doing whatever happens to be in your best interests. If there is an alternative that you have not explored, the attorney is likely to suggest it and even talk with you a little about what that action would entail. In other words, the attorney wants you to make a decision that you are comfortable with.
Discussing Bankruptcy Options
Bankruptcy lawyers in Omaha also want to make sure that their clients understand the pros and cons associated with every form of personal bankruptcy. While many people realize there are different ways to seek protection from the courts, they may not be fully aware of how each type of bankruptcy works and what it means for them in the years to come. Before anything can be filed on your behalf, your attorney will want to go over the specifics of Chapter 7 and Chapter 13 bankruptcy filings, and make sure you know what to expect with either scenario.
One of the things you will learn is that a Chapter 13 is designed to offer you protection from the court while your current debts are incrementally settled. As part of the process, your wages or salary would be garnished, with the amount withheld sent directly to the court. The court would in turn take over the task of disbursing those funds to your creditors. Once they are paid in full, the bankruptcy is considered fulfilled and the matter is closed.
You will also learn that this particular approach will make it more difficult for you to obtain credit for the next several years. This is because it is possible to add more creditors to the court ordered plan. Creditors know this and tend to reject applications from people who have an active Chapter 13 on their credit reports.
You could find that a Chapter 7 bankruptcy is your best bet. Your attorney will explain that this approach does not automatically wipe out all your debts. Instead, a trustee is appointed to consider your financial assets. If any of those assets are not considered to be necessary for maintaining a reasonable standard of living, they can be sold and those funds used to partially settle the debts you owe. Any remaining amount would be discharged by the bankruptcy court.
This approach is often the best solution when there is no hope of ever having the money to repay your debts. It also has the benefit of making it easier to start establishing your credit once the action is completed. This is because creditors know that you cannot file for additional bankruptcy protection for several years. When bankruptcy lawyers in Omaha recommend this approach, they also usually recommend that the client obtain financial counseling along with any court ordered counseling and learn how to avoid the same financial mistakes in the future.
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