Mandatory Disclosures
Essential Details About the Filing Process
The United States government requires all bankruptcy lawyers to inform business owners, corporations and individuals of essential details regarding bankruptcy. Weintraub & Selth, APC, can explain these mandatory disclosures in more detail when you contact our office at 310-584-7702 but we offer the following overview of the mandatory disclosures.
The Definition Of Bankruptcy
Bankruptcy is a method of relief provided by the government for people and businesses unable to pay their debts. The Bankruptcy Code is separated into chapters. The debtor’s particular circumstances will allow them to file using a particular chapter’s rules and regulations. Chapter 7 (“liquidation”), Chapter 11 (“reorganization” for businesses, corporations and partnerships) and Chapter 13 (“reorganization” for individuals) are the most commonly known chapters. Each of these, and other lesser known chapters of the bankruptcy code, provide debt relief for debtors who qualify.
Once bankruptcy is filed, an automatic stay will go into effect which puts a stop to creditor harassment, collection lawsuits, evictions, foreclosures, repossessions and wage garnishment.
Bankruptcy also involves mandatory credit counseling. You must complete a credit counseling course prior to filing bankruptcy and another course after you have filed. The credit counselor facilitating the courses must be approved by the Office of the U.S. Trustee. Your completion of these courses must be documented.
To File, You Are Not Required To Hire An Attorney
Corporations and partnerships must have an attorney to file but you may file bankruptcy on your own if you are an individual. “Pro se” representation, or representing yourself, is certainly possible. Hiring an attorney to represent you is completely optional. In addition to choosing to represent yourself or hiring an attorney, other forms of bankruptcy support exist. You may opt for the assistance of a bankruptcy preparer who is not a lawyer. This, however, is also not mandatory. If you seek the assistance of an attorney or a nonlawyer bankruptcy preparer, they are required by law to disclose, in writing, exactly what services they will provide and the cost of those services. There are also free bankruptcy support services available.
If You Have Questions, Call Weintraub & Selth, APC
Depending on your situation, you may qualify for more than one bankruptcy chapter. You may have begun the bankruptcy process or you may still be considering your options. Weintraub & Selth, APC, is here to answer your questions and be your advocates. If you have questions about the mandatory disclosures or any other topic related to debt relief or bankruptcy, contact the bankruptcy lawyers of Weintraub & Selth, APC.
