When you have accumulated an overwhelming number of debts, you may be asking yourself if you would need to file for bankruptcy to save yourself from further disaster. It may make sense to file for bankruptcy under Chapters 7 or 13, but this decision is definitely not one that you should rush into without proper research, legal advice, and deliberation.

When should you file for bankruptcy in court?

Filing for bankruptcy is justified when you have already attempted to negotiate with creditors and the plan has not worked out. Creditors may be insisting on full payments immediately and you are unable to cater to their demands.

Bankruptcy filing is also justified when you realize that your liabilities have exceeded your assets. Many individuals are forced to file for bankruptcy simply because they are unable to repay the amounts of money they had borrowed. In such cases, servicing the debts will force them to go beyond their monthly incomes.

Should you get legal help from a Northern Virginia bankruptcy lawyer to file for bankruptcy?

As an individual, you are free to file on your own, without taking legal advice from an experienced bankruptcy attorney. When the case is relatively simple and straightforward, this may be seem like a good option because the fees charged by bankruptcy lawyers are quite steep. But when your case involves important assets, it is best to seek legal counsel. Without this guidance and counsel, you may end up paying much more.

The greatest advantage of choosing experienced bankruptcy lawyers in Northern Virginia to help you is because they can identify possible roadblocks and hiccups in your case on time. So, you are able to take all the necessary precautions and prepare a plan of action accordingly.

When you have a bankruptcy lawyer to assist you, he can suggest many other alternatives to bankruptcy you could benefit from. Bankruptcy is not always the best solution for financial troubles. Besides, he can also help you determine how you should file for bankruptcy, whether under chapter 7 or 13. This decision is taken after carefully evaluating your current financial condition and long-term objectives. For example, chapter 7 may enable you to get rid of debts for the time being, but it cannot help you in saving an asset if you lag behind in payments.

A bankruptcy lawyer will also undertake all preparations needed before the case is produced in court. They will perform the means test to find out whether your case qualifies for chapter 13 or chapter 7 bankruptcy. The attorney will then evaluate your property and ensure that you disclose this realistically. Since every state has a distinct exemption system, your lawyer is going to use specific exemption rules for protecting as many assets as possible. He will also tell you which debts can be eliminated and which will necessarily stay on.

While the process is going on, you will need legal counsel to do the paperwork on your behalf. You will need to submit pages of financial information about your income, expenses, assets, and recent transactions. It is here that your lawyer can be a huge help because he will know exactly which amounts to disclose and how to value assets. You will also have to sign papers, guaranteeing to the court that the information that you have provided is absolutely authentic. Your lawyer will be by your side to make sure this testimony is accurate.

Author's Bio: 

Finally, a legal counsel will help you to rebuild credit following bankruptcy. He can help you resolve any post-bankruptcy discharge violation. This happens when a creditor tries to collect debts which had been wiped out in bankruptcy.