Hayward, Parker, O'Leary & Pinsky Esqs
For help with complex issues related to bankruptcy law in New York, contact the legal team at Hayward, Parker, O'Leary & Pinsky Esqs today.…
Law Office of Harry D. Lewis
Provides a unique combination of skills and services to New York businesses, organizations, individuals and families to help them meet the challenges of society…
Park and Nguyen
For nearly two decades, Park & Nguyen has provided experienced advocacy and legal counsel to clients in New York City and Newark, New Jersey.…
Tully Rinckey PLLC - Buffalo
Headquartered in New York's capitol city, Tully Rinckey PLLC is a nationwide firm representing businesses and individuals, with offices throughout New York State, Washington,…
Allan R Bloomfield Law Office
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Blutter & Blutter Attorneys at Law
Blutter & Blutter have many years experience in bankruptcy and foreclosure. Consultations are free - call today! Experienced attorneys serving Brooklyn, Queens, Nassau, Suffolk…
Blutter & Blutter Attorneys at Law
Experienced tax and bankruptcy attorneys serving Brooklyn, Queens, Nassau, Suffolk & Kings County. Helping clients with back taxes, tax audits, chapter 7, 11 and…
Brooklyn Law Group
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Calcagno and Associates
Calcagno and Associates Bankruptcy Attorneys in Staten Island, NY are ready to fight for your rights and the compensation you deserve. No matter how…
Christensen Law Offices
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Cohen & Associates, P.C.
Andrew Cohen has been a bankruptcy and family law attorney for 32 years with over 50,000 clients.
Doyaga and Schaefer
Doyaga and Schaefer, one of New York's leading bankruptcy law firms, has been helping people save their homes, cars, and wipe out their debts.
Duke Law Firm, P.C.
Law firm concentrating in family law, including divorce and child custody, and bankruptcy.
Jonathan E. Cohen, Attorney at Law
Providing legal services to individuals and business in the Hudson Valley since 2001, including bankruptcy; personal injury; and land use, zoning and environmental law.
Kaplan & Alexandrovskaya, LLC
Kaplan & Alexandrovskaya, LLC is a boutique law firm concentrating primarily in areas of Bankruptcy, Mortgage Modification, Debt Negotiation, Loan Modification, Trust & Estates,…
Law & Mediation Firm of Marti Granizo-O'Hare
Crisis-sensitive law firm representing New Yorkers in divorce, personal bankruptcy, and business bankruptcy matters; and providing mediation services to spouses, partners, and businesses. Whiteshoe…
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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.
