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Bankruptcy Law Attorneys

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Bankruptcy Attorneys and Bankruptcy Law

Bankruptcy attorneys are ready and available to provide you with legal advice on the bankruptcy laws, help you properly fill out and file your bankruptcy petition with the federal courts, and provide quality representation for you at the bankruptcy court hearings.  Are you thinking about filing for bankruptcy?  Contact a bankruptcy attorney and get the representation you need at your federal bankruptcy hearing.
 
The origin of the word bankruptcy can be traced back to Italy during the Medieval Period.  The word "bankruptcy" is derived from the term "broken bench" or "banca rotta."  Back then, tradesmen unable to repay their debts were dealt with harshly because the primary focus in that period was on recovering the interests of the creditors, not the welfare of the debtor.  Debtors in those times of old found themselves facing such punishments as imprisonment in debtors’ prison and sometimes even facing the death penalty for nothing more than being overburdened with debts.
 
In the United States, bankruptcy laws were originally temporary measures passed in response to harsh economic conditions.  The laws were later repealed when economic conditions improved.  However, now bankruptcy laws have become permanent and have been periodically amended or revised to meet current economic and political conditions.
 
The Bankruptcy Act of 1898 was the first piece of modern day legislation to extend protection to corporations from creditors and is the foundation of today’s bankruptcy laws.  Since 1898 there have been many acts and revisions: Bankruptcy Act of 1933 and 1934 during the Great Depression; Chandler Act of 1938; 1978 – the first major overhaul since the Chandler Act; 1980 Bankruptcy Tax Act; 1984 amendments to the 1978 Act; the 1994 overhaul of the 1978 Act, Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
 
Modern bankruptcy law is a set of federal laws and statutes governed by Title 11 of the United States Bankruptcy Code.  Federal courts have exclusive jurisdiction over bankruptcy, and a bankruptcy petition cannot be filed in state court.  There are 90 bankruptcy districts across the country, with at least one in each state.  

There are six different types of bankruptcy cases:

  1. Chapter 7 – liquidation,
  2. Chapter 9 – adjustment of debts of a municipality,
  3. Chapter 11 – reorganization,
  4. Chapter 12 – adjustment of debts of a family farmer or fisherman with regular annual income,
  5. Chapter 13 – adjustment of debts, 
  6. Chapter 15 – ancillary and other cross-border cases.  

Contact a bankruptcy lawyer for more details on what to expect with your bankruptcy case.

Federal Court Fees

As with other court matters, there are court fees associated with filing for bankruptcy; effective April 9, 2011, the total fees collected at the time of filing are:

  • Chapter 7 Case $299
  • Chapter 9 Case $1,039
  • Chapter 11 Case $1,039
  • Chapter 12 Case $239
  • Chapter 13 Case $274
The above are the fees for filing the initial bankruptcy petition.  Other court fees apply for varying circumstances in addition to any applicable attorney’s fees.  Contact a bankruptcy law attorney for a breakdown of how much it will actually cost you to file for a bankruptcy.
 
Retain a Bankruptcy Lawyer Now!

Are you struggling under burdensome debts? Are you considering filing for bankruptcy protection? If so, you need to contact a qualified and experience bankruptcy law attorney because bankruptcy laws are getting ready to evolve once again, and not in the consumer's favor as it had in the past. Now, new legislation is pending in congress to make it more difficult for consumers to file a Chapter 7 bankruptcy (complete dismissal) and force them into Chapter 13 (reorganization) repayment plan.

If you are planning to file for bankruptcy protection, particularly under Chapter 7, you need to contact a bankruptcy law attorney now before the new, stricter laws are in effect.

Frequently Asked Questions

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