What does a bankruptcy attorney do?

by | Oct 27, 2015 | Lawyers and Law Firms

A Salt Lake bankruptcy attorney is one who focuses on taking his or her clients through the process of filing for bankruptcy. As the laws that apply to bankruptcy are very complex, making the decision of whether to declare bankruptcy and how to go about it can be hard. Although individuals can file independently, without the need for legal representation, this is not a move which is recommended, having an attorney can simplify the process considerably.

Many people find themselves mired in debt, so deep in debt that the chances of ever paying it is remote, filing for bankruptcy is an useful method to get relief. There are a number of types or Chapters of bankruptcy; they all have different demands and processes based on the financial circumstances on the individual. A Salt Lake bankruptcy attorney is intimate with all these diverse rules, regulations and laws, these skilled legal professionals are often in a position to work with clients, preparing their filing in such a way that they can protect more assets and help their future credit position. A layperson would have difficulty in doing the same.

In the US, bankruptcy is governed by the federal government; the federal bankruptcy code applies to all states. Individual states also have their own codes to supplement federal law. The law determines who can file for bankruptcy and what the petitioner must do to satisfy their current debt. Tax law specifies how an individual that is filing for bankruptcy is to conduct himself both prior to and after discharge regarding their finances.

The primary task of a Salt lake bankruptcy attorney is to represent the client’s interest in bankruptcy court and to work toward seeing that the client gets the best possible conclusion. The bankruptcy attorney helps the client accumulate the necessary supporting data; assist with the filing and during any court appearance.

Perhaps the most important role that the bankruptcy attorney plays is helping to structure the filing. The federal bankruptcy code allows several ways to file, the applicant can make the choice to liquidate their assets and use the cash to pay their debts or they can elect to reorganize their debt which allows them to retain their assets, paying off the debt over a number of years as agreed by the court. A bankruptcy attorney will provide the client with information and tell the client which of the many options are available to him based on his current situation.

Filing for bankruptcy protection involves highly complex legal issues; it is recommended that those considering filing for bankruptcy do so with a Salt Lake bankruptcy attorney. You are invited to discuss your situation with the attorneys at the Law Office of Andrew B. Clawson, PC.

Bankruptcy law can be quite complex and it is highly recommended that anyone considering bankruptcy do so with a Salt Lake bankruptcy attorney. You are invited to contact the Law Office of Andrew B. Clawson, PC.

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