Friday, July 1, 2011

Advice For Filing Bankruptcy San Diego

By Lara Gould


The economic crisis has impacted southern California. Industry has shrunk. New hires are almost nonexistent. Retirement funds disappeared. One option is to consider filing bankruptcy San Diego.

Federal law offers financial protection, though each state has its own laws regarding distribution of property. There are many attorneys who specialize in cases under the Bankruptcy Code. Retain a lawyer who knows both the federal code and local law.

There are several approaches to locating a suitable attorney to help. Ask for suggestions from other people, such as friends, family, other lawyers, business associates. The yellow pages also contain lawyer ads by profession. Further, the County Bar Association in San Diego maintains a list of attorneys who specialize in bankruptcy. Remember that an opinion, good or bad, is not cast in stone.

Normally the initial consultation is free. Go prepared. List all assets, liabilities and income. Be prepared to answer questions, as well as ask. Ask how the lawyer intends to proceed and in what manner. Ask about the time frame from start to finish. The consultation should give the prospective client enough of a basis to decide whether or not to retain the attorney. Certainly discuss fees, the amount and when it is to be paid.

Most people want complete relief from their financial woes. This is most easily obtained by filing a petition for liquidation. Most filers choose this approach. A Trustee is appointed to supervise. Available assets are accumulated. Distribution is made to qualified creditors. Once approved, the debtor is formally discharged. This normally covers all obligations, though there are some items such as child support and certain taxes, that cannot be discharged.

Another alternative is to ask for reorganization of debt. An application is made under Article 13 of the Code. While this has the benefit of technically avoiding a bankruptcy, liquidation is quicker and provides a clean break.

The lawyer will want a credit report. It aids in identifying outstanding obligations, though many liabilities never find their way onto a credit report. All debts must be listed together with the amount claimed to be due. Estimate on the high side. The attorney will require adequate identifying information for all creditors, including address and telephone numbers, for this purpose.

Filing bankruptcy San Diego could be the ticket to financial freedom and peace of mind. Do it right the first time. There may not be another chance. Take full advantage of what the law allows. The U. S. Constitution specifically grants this right to all of its citizens. If circumstances warrant, it is a right well worth exercising.




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