Top Bankruptcy Lawyer
Donald E. Hood PLLC
The Law Office of Donald E. Hood, PLLC focuses on Consumer and Business Bankruptcy Law under Ch. 7 of the U.S. Bankruptcy Code. Our… Unclaimed: Claim this business
Donald E. Hood, PLLC
Dallas bankruptcy attorney, experienced attorneys provide the highest-quality legal services for a reasonable fee, while respecting the client with personal and dignified legal, Chapter… Unclaimed: Claim this business
The Law Offices of Cheryl S. Davis, P.C.
The Law Offices of Cheryl S. Davis, P.C. provides high quality bankruptcy law representation to clients throughout Texas. For help with Chapter 7 and… Unclaimed: Claim this business
Erin B. Shank, P.C.
If you are struggling with debt and are in need of legal guidance, the team Erin B. Shank, P.C. may be able to help.…
Law Offices of Judith A. Swift, P.C.
I've devoted my career to bankruptcy for over twenty years. I was a bankruptcy Trustee for ten years, and I've helped thousands of individuals,… Unclaimed: Claim this business
Pelley Law Office LLP
Since 1974, Pelley Law Office, L.L.P. has helped clients in Dallas, Texas resolve a wide variety of legal issues. We have earned our excellent…
Steele Law Firm PLLC
If you are wrestling with unmanageable debt, dodging creditors or worried that you will not have your home or a car in a month,…
The Kehl Law Firm, P.C.
At The Kehl Law Firm, P.C., in Waco, Texas, we are a small, locally based, family-operated firm that helps other families solve financial problems…
Warren & Migliaccio, L.L.P.
Warren & Migliaccio, L.L.P. are attorneys Gary Warren and Christopher Migliaccio. Native Texan Gary Warren represents North Texas families in matters of family law,…
Warren & Migliaccio, L.L.P.
Warren & Migliaccio adhere to a core philosophy of personal responsibility and accountability in order to best help you to proactively plan for your…
Charles Chesnutt, Attorney at Law
Charles Chesnutt is a board certified bankruptcy attorney, having practiced exclusively bankruptcy law and bankruptcy related law in Dallas since 1986.
Fuller & Eason
Law firm specializing in bankruptcy, personal injury, estate planning, family and divorce law and criminal law. Disclaimer - We are a debt relief agency.…
Law Office of Johnson & Cash
Bonnie Johnson has been a consumer bankruptcy attorney for 24+ years in the Dallas, TX area. She is a Christian and hard working for…
Law Offices of Bonnie L. Johnson
For excellent legal counsel and representation at reasonable rates, you're in great hands with the Law Office of Bonnie L Johnson. Call Today for…
Law Offices of Michael R. Sices, PC
Plano - Allen and North Dallas Bankruptcy Attorney The Law Offices of Michael R. Sices, PC is focused on helping you get out of…
Leinart Law Firm
Dallas law firm specializing in debt solutions involving IRS tax issues, business and consumer bankruptcy, credit card debt, creditor harassment and foreclosures. Because we… 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.
