Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws. It also provides individuals who may be considering bankruptcy with a basic explanation of the different chapters under which a bankruptcy case may be filed and to answer some of the most commonly asked questions about the bankruptcy process. Bankruptcy is a process where debts are legally eliminated from ones life. The court is the only one that can grant or deny a petition for Bankruptcy. It does this by reassuring creditors their debts will be repaid and also the individual that they will not lose everything they have. It also takes the pressure received off the debtor knowing that the debt won’t ruin or take over their life.

Bankruptcy is a legal process through which people and businesses can seek to obtain a fresh financial start when they are having financial difficulties and are unable to pay their debts as agreed. When a business files bankruptcy it can be for one of two reasons. One, they actually mean to liquidate and close their doors or two, they are buying themselves more time with their creditors to be able to pay off existing debts. When a person files for bankruptcy, a court eliminates either or part of the existing debts under types of chapter in which they came.

The process is also designed to provide a measure of protection to creditors. Secured creditors are often in a better position than unsecured creditors because they hold lien on the property of the debtor that supports the right to payment.

Whole your bankruptcy case is pending, most creditors cannot try to collect their debts from you directly. They also may not attempt to collect any and all discharged debts excused by the court. However, not all debts are discharged.

There are several causes of bankruptcy. Approximately 90 percent are the result of unemployment, medical bills, or divorce. Every individual situation is different, though a common feature of many bankruptcies are a large amount of debt or credit cards with high interest rates. Filing for bankruptcy is a very personal, serious decision. Most people file when they see no other way out of debt. Once the decision has been made, the company or individual may declare bankruptcy by petitioning the court. This is a request for protection and relief under the bankruptcy code. The person filing for bankruptcy must provide information about his and her assets, liabilities, income, and expenditures. They also must verify that they have undergone credit counseling within the allotted time.

Bankruptcy stops most garnishments, although it depends on why you’re being garnished. What you will be allowed to keep will depend largely on your state laws. Some states allow you to keep all of the equity in your home, while others exempt a certain amount.

There are several Advantages to Filing Bankruptcy:

• A fresh start to your financial life • Collection efforts are stopped upon filing • Stops wage garnishments • Can keep all or at least some of the equity in your home

There are also some Disadvantages to Filing Bankruptcy:

• Stays on credit record for years to come • Makes getting credit harder if not impossible • May lower opinion of ones self worth

If you decide to file, you definitely need an experienced bankruptcy attorney. Steer clear of petition preparers, typing services or paralegals. And if you are even considering filing on your own, remember the old adage that a man who acts as his own attorney has a fool for both an attorney and a client.

An attorney who specializes in bankruptcy law is otherwise known as a bankruptcy attorney. He can provide legal aid to the individuals and organizations. Your lawyer may advise you to settle your debts by liquidating your assets or alternatively, may also help you to settle your debts with a reorganization plan that has been approved by the court. Bankruptcy lawyers help in explaining the applications of specific laws and how exactly these laws work in order to relieve the burden of debt of the debtors and give them a fresh start financially. If you are a business at the verge of foreclosure, liens, repossessions or lawsuits, a bankruptcy attorney can help you out in finding the best option to eliminate your debts.

Experienced Lawyers – A Big Help Chapter 13 bankruptcy and Chapter 7 bankruptcy are the most common consumer bankruptcies. There are experts who exclusively handle such cases and can thus aid you in getting the most accurate legal aid when you file for bankruptcy. These attorneys can help you fight in order to protect your property and rights. They help you to settle your debts with your creditors in a manner that is agreeable for all. Bankruptcy lawyers can thus help you to salvage your vehicle, home and other assets. Such lawyers are committed to acquiring debt relief for you and providing the necessary advice, services and information that is required for you to achieve a better financial future. It is easy for you to get a professional from the directory by clicking on a specific state or province.

Reasons To Opt For An Attorney If you are in a position where you find that making the minimum payments itself is a struggle and you find yourself lagging behind each month, then it makes more sense to call a bankruptcy attorney. He or she can help you to make good decisions for the future and can help you to decide whether filing for bankruptcy is helpful in your current financial scenario or not. Although there may be many other resources, which provide helpful information, the help of an experienced attorney can often be invaluable. A professional can help you view your financial position in an objective manner, educates you on the differences between Chapter 7 and Chapter 13 and can, in short, help you to make your next move.

A Chapter 7 bankruptcy can help in eliminating most of your unsecured debts like medical bills, unsecured personal loans and credit card debts. An experienced attorney can help you to determine whether Chapter 7 or Chapter 13 bankruptcy is appropriate for you and also helps in explaining the automatic stay provisions of the law.

Fort Worth, TX – Imagine being a mother of two barely getting by on your paycheck when a slight setback puts you behind on your mortgage payments. That is what happened to Yvonne, who asked that we not use her last name.

After having already been through a Chapter 7 Bankruptcy when she was separated from her husband, Yvonne went looking for help to save her home for her children. She found Robert A Higgins, a bankruptcy attorney and founder of Robert A. Higgins & Associates.

Higgins helped Yvonne file Chapter 13 bankruptcy in order to reorganize her debt and keep her family in the house that they have called home for the past 13 years.

“I only fell behind by a couple of months. I was trying to work with them. Then in June I just couldn’t keep up, and they told me that they were ready to start foreclosure proceedings at the beginning of August,” she said. “I had to do something to protect my home.”

Yvonne and her family are not alone. In North Texas, over 2,500 homes a month are scheduled for foreclosure.

It may not seem like the best option to file bankruptcy, but Chapter 13 protections in Texas can save a home from foreclosure and allow homeowners who may have fallen behind some time to catch up with their obligations.

State bankruptcy exemptions in Texas include the person’s homestead, up to 10 acres, in a city or town and up to 100 acres in rural areas (200 acres for a family farm).

“The law was created to protect home and hearth,” said Higgins. “As a bankruptcy attorney the most satisfying part of my job is helping hard working people keep their homes.”

Higgins and his firm represent hundreds of bankruptcy clients each year.

“Even in good economic times, a family illness or dispute can force people into a financial crisis,” Higgins explained. “Bankruptcy law is there to help someone who is at risk of further victimization from their situation.”

And Yvonne appreciates the help.

“I had tried to file with another attorney before I contacted Higgins & Associates,” she said. “The case was dismissed and I never heard from them again. Higgins & Associates has been a lifesaver for me.”

In the 12-month period ending in June, 934,009 personal bankruptcies were filed in the United States. Of those, 8,585 were filed in the Northern District of Texas, which includes Fort Worth and Tarrant County.

The number of bankruptcy filings in Texas’ Northern District was up 6.1 percent in that 12-month period, according to information released by the courts.

“It seems like more and more people are getting in over their heads,” Higgins said. “I see several things that are to blame, divorce, loss of job, medical bills, loose lending standards, predatory lenders or the borrower that didn’t really know how far in debt that they were getting are some of the more common situations. What matters is that there is a way to get out of this mess.”

Robert A. Higgins is a leading bankruptcy attorney in Fort Worth and founding partner of Higgins & Associates, a firm that has helped thousands of clients protect their assets through personal bankruptcy filings.

For more information and for contact information for persons mentioned in this release, contact Robert Higgins at 817-228-0490 or email robert@higginsandassociates.com.

If you have ever been involved in any legal case, then you will agree with me that the services of a qualified and experienced lawyer come in handy. This is because this is the person who is well versed with the law and who can clearly and correctly represent you during the proceedings of the case. Bankruptcy, or the state of being unable to pay your creditors, is one of the positions that so many people and companies find themselves in at one point or another in their business life. Once it happens, what is supposed to follow is legal action to protect the individual or company for being pursued any further by the creditors, as the debtor looks into ways of settling the debts. This is where bankruptcy attorneys come in. These are qualified professionals, well versed with laws to do with financial debts, and who will come to your rescue when you need to equip yourself with information regarding the various laws in the situation. They will help you handle all the legal proceedings like filing for the indebtedness, informing your creditors of the existence of that file and other issues like disclosing information about your assets and your business worth. Depending on where you live, you can be able to locate these bankruptcy attorneys either through the Internet or in the law directories that are available in your local library. Be sure to engage the services of an attorney who will protect your rights as well as property. He should also be able to work towards seeing that your debts are subsidized.

Filing for insolvency is a legal process that calls for the use of appropriate tools. With this in mind, experts have come up with some software that allows you to go through the process easily. Although the software targets attorneys, at the end of the day it also benefits you as a debtor. This is because the process is made easier and more reliable. The bankruptcy software comes in many different brands, not to mention that they are specialized to perform a number of interrelated functions. Just to give an example, there is the Bankruptcy2009™ that allows you to prepare for the filing process by quickly filling in the required forms and providing the necessary information real quick. Rapid Import™ is a software that allows an attorney to collect the clients’ information online. Once this is done, the information is then sent directly to the insolvency database records. With such software, you will find that both you and your attorney will be saved from the hassle of having to meet every so often because the process will be completed online.You may want to make use of insolvency software without involving an attorney. If this is the case then, you can access the Standard Legal Bankruptcy software online. The package contains all the necessary forms as well as instructions that you will require. Making use of it will see to it that you reduce on extra expenses of hiring a lawyer. Feel free to use the software because it is approved and complies with The Bankruptcy Act of 2005.