Filing for bankruptcy isn’t something to be taken lightly, but it also isn’t something to be avoided at all costs. Bankruptcy provides the opportunity for a fresh financial start and can improve the lives of many people. Deciding whether filing for bankruptcy is right for you requires a careful review of your financial situation and a thorough understanding about what will happen to your debts in bankruptcy. Because of the complexity involved, it can be highly useful to consult an experienced bankruptcy attorney before making this decision.
If you choose to file for bankruptcy, you will need to closely follow the bankruptcy process to the letter of the law. Part of this process will involve creating detailed financial statements showing your assets, income, expenses, and debts. Any errors or omissions could invalidate your filings and force you to start the process over again or even lose the right to file for bankruptcy.
During bankruptcy proceedings, your finances will also be under close scrutiny. The common practice of gifting or selling property below its value may be considered a criminal fraud. You will also need to show that you are making good faith efforts to comply with bankruptcy requirements. Having a bankruptcy attorney guide you through the process can help avoid costly mistakes and delays.
If you’re considering filing for bankruptcy, there’s a good chance you’ve fallen behind on your mortgage payments and the bank is threatening or has already filed for foreclosure. While the bank will often paint the matter as a simple case of you agreeing to make payments and failing to do so, it is rarely this simple. The common practice of banks selling mortgages may make it unclear who has the right to foreclose. Predatory lending practices may also be used as a defense to foreclosure.
In order to contest a foreclosure, you will need to respond quickly with strong legal arguments. Contact an experienced foreclosure attorney to begin building your defense.