The Dellutri Law Group, PA
The Dellutri Law Group, PA helps clients throughout Southwest Florida navigate complex personal injury, wrongful death, and bankruptcy matters. Whether you were involved in…
Goodblatt · Leo
Offers practical and goal-oriented representation in family law and bankruptcy matters, including divorce, Chapter 7, Chapter 13, mediation, and general litigation.
Law Offices of Stephen Orchard
Boca Raton bankruptcy lawyer Stephen Orchard handles cases every step of the way, from the initial phone call to the office to the initial…
Nowack & Olson, PLLC
Lawyers help find the right solution that works best for clients, be it Chapter 7, Chapter 13, or some alternative to bankruptcy such as…
AMR Law Firm, P.A.
AMR Law Firm takes pride in providing legal representation to individuals and small businesses at an affordable price. Our office can assist with any…
Aventura Bankruptcy Attorney Jordan E. Bublick
Miami - Aventura Bankruptcy Attorney Jordan E. Bublick has filed over 8,000 Chapter 7 and Chapter 13 Bankruptcy Cases. 20801 Biscayne Blvd., Suite 423…
Bigge & Rodriguez, PA
With 40+ years of combined experience in consumer bankruptcy and a practice that is limited to Foreclosure Defense and Consumer Bankruptcy, Bigge & Rodriguez,…
Bigge & Rodriguez, PA
With 40+ years of combined experience in consumer bankruptcy and a practice that is limited to Foreclosure Defense and Consumer Bankruptcy, Bigge & Rodriguez,…
Bigge & Rodriguez, PA
With 40+ years of combined experience in consumer bankruptcy and a practice that is limited to Foreclosure Defense and Consumer Bankruptcy, Bigge & Rodriguez,…
Caplan Bankruptcy and Family Law Firm
Stressed by bills? Caplan Bankruptcy has helped thousands of Florida residents gain a fresh start through bankruptcy. We can help you get back on…
Daniel W. Uhlfelder, P.A.
At the law office of Daniel W. Uhlfelder, P.A., we take pride in handling complex cases. We routinely accept cases that other law firms…
DiTocco Law Group Boca Raton
At the DiTocco Law Group we know that even considering a Chapter 7 filing can be a frightening and confusing experience. With so much…
DiTocco Law Group Orlando
At the DiTocco Law Group, PLLC, we know that even considering a Chapter 7 filing can be a frightening and confusing experience. With so…
DiTocco Law Group Orlando
At the DiTocco Law Group, PLLC, we know that even considering a Chapter 7 filing can be a frightening and confusing experience. With so…
DiTocco Law Group, PLLC
At the DiTocco Law Group, PLLC, we know that even considering a Chapter 7 filing can be a frightening and confusing experience. With so…
Furr & Cohen, P.A.
At FurrCohen, we have built a solid reputation for providing the representation our clients need when they are faced with difficult debt situations or…
Hathaway Sprague Law, P.A.
We are a board-certified consumer bankruptcy attorney and a lawyer with over 30 years of experience in the areas of consumer rights and criminal…
Jordan E. Bublick Kendall Bankruptcy Attorney
Miami Bankruptcy Attorney Jordan E. Bublick has over 25 years of experience in filing chapter 7 and 13 bankruptcy cases. Practice limited to bankruptcy…
Kelley & Fulton P.L. | Bankruptcy Attorney West Palm Beach
Whether serving as bankruptcy lawyers in West Palm Beach, foreclosure attorneys in South Florida, or general South Florida bankruptcy consultants, Kelley & Fulton vows…
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New Bankruptcy Lawyer Listings
Recent Bankruptcy Lawyer Reviews
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.
