What is a consumer bankruptcy attorney?

A consumer bankruptcy attorney is a legal professional that focuses on representing individuals during the bankruptcy process rather than businesses or corporations. A bankruptcy attorney in Salt Lake City Utah consults with individuals, advising them if filing for bankruptcy is in their best interest, if it is the attorney works with the client, preparing the case, completing all the required documentation and representing the petitioner during all court proceedings. If, after discharge, the client has any problems with creditors, the attorney can step in to help and offer advice.

Although many of the rules that pertain to bankruptcy are common there are variables from one jurisdiction to another. There is no fast rule that a petitioner for bankruptcy must engage the services of an attorney however, the complexities of the law are such that hiring a bankruptcy attorney in Salt Lake City Utah is seen as an advantage. It is easy for a layperson that is not aware of the law to make an error that can be disadvantageous in the future. The court demands accuracy, the court will not tolerate any inaccuracies or errors in the disclosure of all assets and debts of the petitioner. Under the United States bankruptcy code all statements made when petitioning for bankruptcy protection must be honest and accurate and must be verified by an attorney.

The initial step in most jurisdictions consists of preparing a complete list of all the individuals’ assets and debts along with the completion of a number of forms which are mandatory. Consumers opt for either chapter 7 or 13, the majority of consumer bankruptcies are Chapter 7. Chapter 7 entails turning over non-exempt assets to the court which will dispose of them by public auction in most cases. The cash from the sale is used to pay back as much as possible the creditors after which the remaining debts are discharged. Those who have significant assets will normally turn to Chapter 13. Chapter 13 bankruptcy demands that the debtor and his or her attorney develop a plan for repayment of the debt over a fixed period of time. This plan must be prepared in complete compliance with federal guidelines and is managed by a court administrator.

Any consumer that is declaring bankruptcy will have at least one court appearance during which time the consumer will meet with any interested creditors. During this meeting the creditors are offered the chance to object. The bankruptcy attorney in Salt Lake City Utah will explain the situation in detail to the bench and the creditor, if there are concerns the attorney will help the petitioner deal with them.

A bankruptcy attorney in Salt Lake City Utah is a must in the event you file for consumer bankruptcy protection. If you are contemplating bankruptcy you are invited to contact the Law Office of Andrew B. Clawson, PC.

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