Top Bankruptcy Lawyer
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…
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…
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…
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…
Wadhwani & Shanfeld
Bankruptcy law firm (filed over 10,000 cases). Board certified bankruptcy specialist. Serving entire state of California. A+ rating with the Better Business Bureau.
Doan Law Firm
We are California's largest family of attorneys, specializing in bankruptcy. With our 16 locations in Southern California, we have successfully helped over 25,000 receive…
LA Legal Group
Los Angeles Bankruptcy Attorney. Quality Attorney Representation For A Low Flat Fee. We Are An Affordable Debt Relief Law Firm. We Stop Foreclosures, Lawsuits,…
Solutions Law Center
The Solutions Law Center is your legal solution if you need help in the areas of bankruptcy, divorce or family law, DUI/DWI, automobile accidents,…
Stephen L. Burton, Attorney At Law
As a bankruptcy lawyer in Sherman Oaks, California, Attorney Stephen Burton has practiced bankruptcy exclusively in Southern California for more than 26 years. Experience,…
Borowitz, Lozano & Clark
Consumer Bankruptcy Law Firm Unclaimed: Claim this business
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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.
