There are a number of reasons couples reach the decision to file for divorce in Nevada. Unfortunately, one of the most common issues that couples struggle with involve finances. As a result, it may make sense for couples to consider filing for bankruptcy around the same time that they file for divorce. While in some cases couples may choose to file together, some of the time one party may choose to file independently. Whether you and your spouse are considering filing for bankruptcy or you’re thinking about filing as an individual, it’s important that you understand your options and think carefully about how filing for bankruptcy will impact your divorce process. If you have legal questions about either of these scenarios, know that you don’t have to spend a fortune to get answers. The experienced yet cheap Las Vegas, NV lawyers at Ballstaedt Law Firm can help.
If you are drowning in debts that you are unable to pay, filing for bankruptcy may be your best option. There are primarily two types of bankruptcy options that you or your partner may have:
Chapter 7: This form of bankruptcy liquidates assets in order to repay outstanding debts. Chapter 7 is an attractive option as it allows for people to walk away with a clean slate once their bankruptcy filing is resolved because this process eliminates many unsecured debts outright. Any assets that are liquidated are used to repay creditors. Those filing for Chapter 7 have the ability to protect many, if not most, or all of their assets through exemptions so that debtors do not walk away from the bankruptcy process in a worse financial position than they were when they asked the Court for help. It’s important to be aware that in order to file for Chapter 7, you must meet strict income eligibility requirements. Cheap Las Vegas, NV lawyers can help you determine whether you’re eligible to file for Chapter 7 bankruptcy.
Chapter 13: This form of bankruptcy allows individuals to pay off their debts through a repayment play that usually spans a three to five year period. Chapter 13 gives people the ability to retain their assets if they are able to repay their debts. This process generally progresses by insisting that filers make a monthly payment until all debts have been resolved. Cheap Las Vegas, NV lawyers will work with you to restructure your debts and come up with a repayment plan. At the end of the repayment period, the remainder of eligible debts will be eliminated.
To determine the most appropriate form of bankruptcy to file for, it’s important that you consult with cheap lawyers Las Vegas, NV residents recommend. Our firm will be able to evaluate your situation from top to bottom so that you can have a plan of action when faced with both bankruptcy and divorce all at once.
How Can I Begin Preparing to File for Bankruptcy?
Bankruptcy is a complex process. As a result, many people who are thinking about filing for bankruptcy understandably panic over the idea that they have to prepare for the process in an ultra-specific way or their case won’t be successful. Thankfully, if you work with an attorney, you won’t need to worry much about the details of preparing your case. Lawyers who specialize in this area of law understand exactly what steps need to be taken to successfully prepare your case and they’ll be able to walk you through all of them. It’s important to know that you don’t need a high-priced attorney to receive expert guidance on how to successfully prepare your bankruptcy case. Our firm’s cheap lawyers Las Vegas, NV residents trust get the job done brilliantly at a fraction of the cost that many other firms do. We understand that bankruptcy clients are struggling financially. They don’t need to grapple with unreasonable fees on top of everything else.
Paperwork and Pre-Filing Coursework
Before you arrive for a consultation with our Las Vegas, NV cheap lawyers, you’ll want to spend a little time gathering some financial information so that you can reference it during the meeting. Recent pay stubs, your most recent tax filing, a free copy of your current credit report, recent bank statements, and (if you have one) a copy of your household budget will all be useful to have on hand. These are the building blocks of your bankruptcy case. Most bankruptcy preparation work is honestly just gathering paperwork and answering questions so that we can start filing out your bankruptcy petition. You’ll also need to attend a brief pre-filing class mandated by the Bankruptcy Court. We’ll be able to speak to you about how to go about registering for this class when you have your consultation. For the most part, that is all you really need to know about preparing to file for bankruptcy – gather information, answer questions honestly, and attend your required course. Preparing for this process is far easier than it usually seems.
Legal Assistance Is Available
If you’re thinking about filing for bankruptcy, don’t worry too much about preparing on your own and don’t worry too much about the cost of filing our firm’s Las Vegas, NV cheap lawyers may provide inexpensive services, but we know how to walk you through each step of the process successfully. The first step you’ll want to take on the road towards a more stable and fruitful financial future simply involves picking up the phone and contacting the team at Ballstaedt Law Firm. After you’ve scheduled a confidential, no-risk, no-obligation consultation with our Las Vegas, Nevada cheap lawyers, you can gather whatever documents you can that will help us get a more complete sense of your financial picture. Bring these documents with you to your consultation. That’s it. We’ll walk you through the rest of the process step-by-step. That way, if you do decide to file for bankruptcy, you’ll always feel prepared and you’ll always know what’s going to happen next. We look forward to speaking with you.
Filing for Bankruptcy: Why an Attorney Can Help
For many people considering filing for bankruptcy protection, paying legal fees may seem like just another unnecessary expense. This idea is understandable, especially for those in an already desperate financial situation involving too much debt. While well-intentioned, the idea to independently file a bankruptcy petition is not always wise. The entire purpose of seeking bankruptcy protection is to give yourself a fresh start. The only want to ensure that happens is by having the counsel of experienced professionals when working through the bankruptcy system. If you are thinking about filing for bankruptcy, call Ballstaedt Law Firm to speak with one of our cheap lawyers Las Vegas, NV clients trust.
Don’t Go It Alone
The fact of the matter is that while bankruptcy may seem fairly straight forward, there are complexities in this area of law that only trained professionals are experienced to handle. Not only do those unrepresented petitioners risk improperly filing their petitions and being time-barred from filing for a number of years, but even successful petitioners may have missed out on important benefits that they would have been able to take advantage of with the help of a bankruptcy attorney.
The following is an outline of some general pitfalls of entering bankruptcy without an attorney and the benefits of hiring one of our experienced Las Vegas, NV cheap lawyers to represent you.
Dangers of being unrepresented in the bankruptcy process:
- Losing property that is otherwise exempt under Chapter 7 or failing to realize the extent of property that is at risk of being lost.
- While not all debts are able to be discharged in bankruptcy, an inexperienced member of the public may misunderstand exceptions to discharge and misapply them in their petitions, resulting in failing to list debt that is, in fact, able to be wiped out.
- Failing to hire an attorney to file a bankruptcy petition also results in being unrepresented at later court appearances. Specifically, the Meeting of the Creditors is a hearing in which testimony is taken under oath before a Judge, where the debtor is asked about the information contained in the bankruptcy Petition by the Trustee, who represents the creditors’ interests in the proceeding.
Benefits of hiring an experienced bankruptcy lawyer:
- You are provided with trustworthy advice as to what property would be exempt under Chapter 7, or advice on filing a Chapter 13 bankruptcy petition to avoid losing property.
- A bankruptcy attorney can help you understand the exceptions to discharge and apply them to your specific case, ensuring that you are taking advantage and benefitting from all debt relief that is available.
- You have an attorney representing your interest and protecting your rights at the Meeting of the Creditors.
While these are just some of the advantages of having an attorney’s assistance in the bankruptcy process, the benefits are really immeasurable. If you or someone you know is struggling with debt and are considering filing for bankruptcy, call our office today to speak with one of our Las Vegas, NV cheap lawyers.