Wadhwani & Shanfeld
The law firm of Wadhwani & Shanfeld provides bankruptcy defense services to those who are struggling financially. Both of the firm's partners are board-certified…
Ankcorn Law Firm
San Diego Bankruptcy lawyer Mark Ankcorn fights to protect the rights of clients living in Chula Vista, Escondido, Temecula, San Diego, Riverside, and Orange… Unclaimed: Claim this business
BLC Law Center
We have filed thousands of bankruptcy cases and our sole mission is to help people facing tough financial times—overwhelming credit card debts, foreclosures, repossessions,…
D. Max Gardner - Attorney at Law
Max Gardner represents debtors, creditors, trustees, and creditors' committees in Chapters 7, 11, 12 and 13. He has extensive bankruptcy litigation experience in trying…
Doan Bankruptcy Law Firm
Bills piling up? Tired of collection calls? Afraid you'll never get out of debt? Break the cycle and get a fresh start! San Diego…
Fishback Law Group
In Irvine and throughout Orange County and Southern California, individual consumers and businesses who are struggling financially turn to the Fishback Law Corporation for…
Galstyan Law Firm
Galstyan Law Firm is a California law practice with an international reputation in all of its practice areas. We strive to maintain and excel…
John D. Raymond
We help people reduce or eliminate their debts through bankruptcy. We help them avoid foreclosure and keep their personal property. Our firm can eliminate…
Kazerouni Law Group APC
At Kazerouni Law Group, APC, we sue creditors. Although we handle other practice areas effectively, our primary focus is on helping clients who are…
Law Offices of Michael Jay Berger
The Law Offices of Michael Jay Berger is a premier Los Angeles bankruptcy law firm with 32 years of experience representing clients throughout Southern…
LeverLaw Bankruptcy Law Offices Of Steven B. Lever
Bankruptcy law foreclosure defense Chapter 7 and Chapter 13 cases. Personalized debt solutions for businesses and individuals. 25 years experience as a lawyer representing…
Reynolds Law Corporation
Reynolds Law Corporation provides a variety of debt solutions to clients in Davis, CA. Whether you're looking to file Chapter 7, Chapter 13, or… Unclaimed: Claim this business
Rojhani Law Group
Since 2009 The Rojhani Law Group has focused on creating comprehensive, cost-effective, efficient solutions for each unique situation - simply stated, getting the problem…
The Bankruptcy Law Firm, PC
The Bankruptcy Law Firm was founded by former US Bankruptcy Judge, Kathleen March. She represents individuals and business debtors in chapter 7, 11, and…
The Law Office of Mark A. Reed
High-end legal representation doesn't always come at high-end rates. With over 20 years of experience, the Law Office of Mark Reed offers you affordable…
The Law Offices of Melanie Tavare
Bankruptcy can be the most difficult decision in your life, at the Law Offices of Melanie Tavare we understand this but more importantly we…
Thomas Hogan Law Office
The Thomas Hogan Law Office has vast experience when it comes to handling bankruptcy, divorce, family law, tax, DUI and Personal Injury cases. The…
Thomas Hogan Law Office
We have been family owned and operated business for over 25 years. You are not just a number at our office. We make it…
Thomas Hogan Law Office
We have been family owned and operated business for over 25 years. You are not just a number at our office. We make it…
Thomas Hogan Law Office
We have been family owned and operated business for over 25 years. You are not just a number at our office. We make it…
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Basic Difference Between Bankruptcy Lawyer and Debt Settlement Attorney
While it's common that a bankruptcy attorney is also well-qualified to act as a debt settlement attorney, you should understand an important distinction between the two legal means of resolving debts.
A debt settlement attorney will represent you with your creditors to negotiate a workable payment plan, and perhaps even negotiate a reduction in the total amount you owe. However, the debt settlement attorney will work separately with each creditor. In addition, the creditors aren't obligated to sit down at the table with your debt settlement attorney.
In contrast, if you file for bankruptcy, your bankruptcy lawyer represents your interests before the bankruptcy court. The bankruptcy court does have the power to compel your creditors to participate in the proceeding. You've now centralized all claims against you into a single proceeding. Your bankruptcy lawyer will still be negotiating with your creditors, but now under the supervision of the bankruptcy court.
A challenge to filing for bankruptcy is that it can have legal implications beyond the bankruptcy proceeding itself and is a matter of public record. You may find it preferable for a debt settlement attorney to help you resolve your debt issues privately, especially if you have only one or two major creditors.
A bankruptcy attorney can help advise you whether filing for bankruptcy or working privately is the right option for you.
Sources of Bankruptcy Law
The main bankruptcy laws in the United States are federal laws. If you do file for bankruptcy, you'll be filing in a federal bankruptcy court. A bankruptcy attorney must be admitted to practice in the federal court district where you're located in order to represent you in the bankruptcy court.
In addition, each state does have its own laws that can impact your case, such as homestead exemption laws that determine how you can protect your home during the bankruptcy process.
Basic Bankruptcy Law
The Bankruptcy Code is commonly known by its various chapters, such as Chapter 7 or Chapter 13. Simply put, the chapter under which your bankruptcy lawyer will recommend you file will depend on whether you're filing as an individual or a legal entity. The chapter selection will also depend on whether you want to liquidate your assets to pay off your debts or reorganize your debts into a single payment plan.
Each chapter has its own requirements, so you might only be eligible for one type of bankruptcy. Your bankruptcy lawyer will help determine which chapters are available to you.
The goal of the bankruptcy proceeding is to offer you a fresh start once it's over. This doesn't mean you can avoid paying your debts through bankruptcy, only that your bankruptcy attorney will help you negotiate a manageable resolution.
