CHAPTER 7 AND CHAPTER 13 LAS VEGAS BANKRUPTCY FROM BANKRUPTCY LAWYERS IN LAS VEGAS
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Filing for bankruptcy is a difficult decision to take, but for many individuals, it is the best way to bring their finances under control and to keep creditors at bay. Bankruptcy may at the very least eliminate a significant portion of your debt, and you could potentially entirely remove your entire debt burden. At Martin Law PC, we are here to help you through the bankruptcy proceedings, handling all the paperwork for you and giving you the advice you need to make the process as comfortable as possible. We can assist with both Chapter 7 and Chapter 13 filings and provide a free bankruptcy consultation to help you work out the best choice for your unique circumstances. It is important to remember that even if your circumstances are relatively simple, bankruptcy proceedings are inherently complex and you should always acquire expert advice to make sure you succeed in your attempt to file for bankruptcy.
Chapter 7 In Las Vegas
When hiring a bankruptcy attorney, Las Vegas residents usually think about Chapter 7 bankruptcy also known as liquidation or a straight bankruptcy. The Chapter 7 allows you to eliminate the majority of all of your debts without having to sell any of your property. Please note: You will not be able to keep non-essential property. I.E., Boats, RV, Time Shares, etc. The entire Chapter process from beginning to end lasts around three to four months. Chapter 7 is available to individuals, married couples, and companies but there are strict eligibility criteria, including a means test. To initiate Chapter 7 bankruptcy, your attorney needs to file a petition with the court, attaching extensive paperwork detailing your income, assets, and debts. A trustee will be appointed by the court who will, in turn, arrange a meeting with you, your attorney and your creditors. The Chapter 7 cannot erase all debts: recent taxes, child support, and student loans are some examples. Most types of unsecured debts can, however, be eliminated in Chapter 7 and this can provide tremendous relief to you as an individual. You should note that to file a chapter 7, you will have to pass the means test. Under the means test that if your income is more than a statutorily set amount, you will not qualify for the Chapter 7. This income amount is based on how many dependents or family member that you have living with you. So, a family of four will be able to have more income than a single person. Chapter 13, the other type of consumer bankruptcy,
What We Do?
A fresh start can be a great help, and Las Vegas lawyers with Chapter 7 expertise, such as our firm, will walk you through the process with sympathy while providing advice which ensures the best outcome for you as an individual. Filing for bankruptcy can be a distressing process and it helps to have confident advisors on your side. For Chapter 7, in particular, it is crucial that you turn to an attorney which does not operate as a bankruptcy mill, but that takes a personal approach. Instead, we closely look at your individual situation and do everything we can to stop all harassment by creditors including foreclosure proceedings as soon as possible. We will do our best to maximize the assets that you can retain, and to ensure that your bankruptcy filing is completed successfully. When looking for a bankruptcy attorney, Las Vegas residents should consult us as their first port of call.could be an alternative. For more information of the Chapter 7 Bankruptcy CLICK HERE.
Chapter 13 In Las Vegas
A Chapter 13 is normally filed by Debtors who either make to much income to qualify for the Chapter 7, debtors who filed a seven less than eight years ago. The Chapter 13 also has some advantages over the seven. For example, with the 13, you can keep, non-essential, assets such as a camper or boat. The other major difference is that a Chapter 13, unlike a 7, allows you to save your house or stop a repossession. A Chapter 13 though can only help people who have a regular income. Also, if you are filing the 13 to stop foreclosure, under most circumstances you must be able to pay off any past due balances within a three to five year period.
It is effectively a negotiated repayment plan lasting between three to five years. With a Chapter 13, your monthly payment is based upon your income minus your justified expenses. The justified expenses are based upon national standards that are used by the IRS. The Chapter 13 is a very complex process; so, an attorney is, although not legally required, essential. One benefit of Chapter 13 is that your legal fees are spread out as part of your debt repayments, so you don’t have to find legal fees up front. Another significant benefit of Chapter 13 is the fact that your credit score may suffer less damage than under Chapter 7 proceedings as creditors will see that you have made an effort to repay your debt, instead of completely abandoning your borrowing commitments. For more information on the Chapter 13 Bankruptcy CLICK HERE.
Help with Chapter 13 bankruptcy
Chapter 13 is a complicated process that many law firms do not even offer as a service. As an experienced firm with expertise in Chapter 13, Las Vegas residents can rely on us to develop a plan that leaves them free of harassing creditors while also potentially saving your house from foreclosure or even getting your recently repossessed car back. As a reputable firm, we can help you with the preparation of all the complicated paperwork required for Chapter 13. We will summarize your outstanding debts, look at your ongoing expenses and prepare a repayment proposal which we think will be likely to be accepted by creditors and the court. It is essential to get your Chapter 13 filing right as failing to successfully file can lead to foreclosure of your home, and further distressing collection procedures from creditors.