About their basic duties, bankruptcy lawyers are there to navigate their clients through the process of business or consumer bankruptcy. Lawyers will need to understand all the legal intricacies of the cases they handle for their clients. They will be charged with filing legal documents, advising their clients about what actions and directions their cases should take, and or course, presenting their cases in court.
Prospective law students must first earn a four year bachelor’s degree. There isn’t a specific subject major required, but many future lawyers earn degrees in History, Philosophy, or Psychology. Aspiring bankruptcy lawyers might want to major in Economics or Business,
Grade point average can play a larger role in who gets selected for law school than the area of a major. Having an A or B grade point average is highly regarded
To carry through and obtain a law degree, known as Juris Doctor, law students have to complete a three year course of study. The types of required courses include Contracts, Property. Civil Procedures, and Torts, These are all required first year courses. During the remaining two years of classes students are advised to zone in on an area of expertise. Those wishing to become a bankruptcy attorney, of course, should focus on bankruptcy law classes and related areas.
An option for second and third year law students is to enroll in a bankruptcy clinic. The clinics give students hands on legal experience under the guidance of a supervising attorney. The type of tasks the students typically perform include interviewing clients, searching for the proper documentation, and drafting bankruptcy petitions. In some cases law students will get the chance to gain practical experience working for a law firm.
Chapter 7 bankruptcy is categorized as debt liquidation. It does away with all of the person’s debts the law permits to be dismissed. In chapter 7 bankruptcy a trustee collects the assets of the debtor, reduces them to cash, and then distributes them to the debtor’s creditors.
In most Chapter 7 bankruptcies there is little or no nonexempt property. There will be no liquidation of the debtor’s assets. They are called “no asset cases.”
When a bankruptcy attorney is hired they accept collection calls from creditors. The attorney then puts together a bankruptcy petition. When the petition is filed it creates a stay in regards to collection activity. The attorney prepares the debtor for a 341 meeting of the case’s creditors. In the case of chapter 7, a bankruptcy lawyer will negotiate a reaffirmation agreement on property the debtor wants to keep. Typically, debtors will want to keep their house and car, and continue to make payments by agreement.
Chapter 13 bankruptcy allows individuals with regular income to put together a repayment plan to creditors over a period of three to five years, A person can qualify for chapter 13 if their unsecured debts are less than 383,175 dollars, or secured debts are less 1,149,525 dollars.
In the case of chapter 13 a bankruptcy attorney may appear in court on their client’s behalf. They file the necessary paperwork. There is a required confirmation hearing. The lawyer will also file motions on their client’s behalf as needed.