All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the United States Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice. Section a 1 of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court.
If you decide to seek bankruptcy relief, you may represent yourself, you may hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney.
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Ask to see the contract before you hire anyone. The following information is intended to help you understand what must be done in a routine bankruptcy case and to help you evaluate how much legal service you need. Although a bankruptcy case can be complex and difficult to understand, many cases are routine and relatively simple.
Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for the different forms of debt relief that are available under the Bankruptcy Code and which form of relief is likely to be most beneficial for you. Be sure you understand the type of relief that you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules, a Statement of Financial Affairs, a Statement of Current Monthly Income, and in most chapter 7 cases a Statement of Intention must to be prepared correctly and filed with the bankruptcy court.
Unless you qualify for a waiver of the filing fee, you will have to pay a filing fee to the bankruptcy court.
If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to reaffirm a debt. A creditor is not permitted to coerce you into reaffirming a debt. If you choose to file a chapter 13 case in which you repay your creditors what you can afford over a 3-to-5 year period, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be held before a bankruptcy judge.
If you select a type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief. Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice. You understand and agree that you may be called by Nebraska Bankruptcy Law or an associated group using a prerecorded call, automated call, or text message at the phone number s provided on this form.
All calls placed will be for the free consultation services that you are requesting. Additionally, you understand that you are not required to provide consent to receive services from Nebraska Bankruptcy Law. Nebraska Bankruptcy Law or any submission to Nebraska Bankruptcy Law is not intended to, and does not, constitute or create an attorney-client relationship between you any attorneys or law firms, their partners, employees, agents or affiliates, or any other attorney.
When you submit information to the site you agree to provide true, accurate, current and complete information and agree to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete we are not responsible for any damage to you or others that this might cause.
When you submit information to Nebraska Bankruptcy Law you agree that we may release your contact information and all additional information that you submitted to one or more law firms or attorney, and their agents, licensors, and marketing firms, and to other third parties adverting networks who then may release your information to law firms, attorneys or other organizations that are necessary to provide the services you requested. You agree and understand that these groups may contact you directly to discuss your situation and the information you submitted.
You understand and agree that by submitting your information to Nebraska Bankruptcy Law you are also agreeing to the terms and conditions to the following sites with which we might share your information to provide the services you requested. However, we are not obligated to release any submitted information to any group or we under any obligation to provide any specific service. Furthermore, in no event is any attorney, law firm, or other group obligated to contact you with regard to your submitted information.
They may do so at their sole discretion. By accepting the submission of your information, we do not evaluate your legal matter or needs and we do not offer any advice on whether you may have remedies under current law. The decision to form an attorney-client relationship is an important one and is between you and the attorney. You may wish to seek and retain the advice of other counsel so as to meet all applicable deadlines that govern your bankruptcy case. Any attorney or law firm that you may contact through Nebraska Bankruptcy Law, or any submission to Nebraska Bankruptcy Law, is solely responsible for any services provided.
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Nebraska Bankruptcy Law Terms of Use
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. This newest edition includes information on hiring and working with a lawyer, recent court rulings that interpret the federal bankruptcy laws. You'll also find the latest bankruptcy exemption laws in your state, which determine which assets you can keep, and recent IRS standard expense amounts, which affect Chapter 13 plan payments.
Is bankruptcy the right solution for your overwhelming debts? Pick the best strategies for your situation with the information and practical suggestions in The New Bankruptcy. Feeling overwhelmed by debts? If you're ready to regain your financial freedom and get smarter about managing your money, you'll find everything you need in this complete guide. Solve Your Money Troubles shows you how to:. To make the process easier, the 14th edition of Solve Your Money Troubles includes sample letters to creditors that reflect changing financial times, as well as worksheets and charts to calculate your debts and expenses and help you create a repayment plan.
You'll also get fully updated state laws and information on dealing with foreclosure. If yours is one of them, it can have serious consequences: Credit Repair shows you how to find mistakes or outdated items in your credit report and get them fixed -- and limit the damage caused by blemishes in your credit history. In sharp contrast to "fix bad credit" scams, Credit Repair shows how you can effectively rebuild your credit record, step by step.
To avoid future problems,use this bestselling book to create a budget and avoid overspending. Whether you're a good candidate for doing it yourself, depends on the complexity of your financial situation, and your willingness to take the time to learn the rules of bankruptcy.
If you're not the type of person that is willing to follow instructions carefully, then self-help is probably not for you. If your debts consist only of unsecured credit card debt, you may well be able to file for bankruptcy on your own. However, other factors to consider are the amount and type of property you own. If you own your home, have substantial retirement savings, or other substantial assets you may want to consult with a lawyer to make sure your property is not at risk.
It will give you a good idea of what issues may arise when you file, and flags specific situations when a lawyer's help is called for. It will also give you a good idea of whether the filing process seems to complicated for you. If your financial situation is simple, but you just don't want to deal with the forms, you might consider a using a Bankruptcy Petition Preparer to handle the form preparation. Some lawyers may be willing to review your situation without taking on your entire case. If they see that your situation is very simple, some lawyers might even tell you that you can do it yourself.
Lots of people have opinions on the topic of whether you should get a lawyer. But, seriously, they make some worthwhile points that are worth reading as you decide what to do. If you hire a lawyer, make sure your lawyer is an experienced bankruptcy lawyer. Bankruptcy is a complex, unique area of law that is not something that a general practitioner can learn overnight.
Ask your lawyer how many bankruptcies they have filed. Your lawyer will probably have you fill in a questionnaire about your property, debts, expenses and income. A good lawyer will be able to determine quickly what kinds of debts will be dischargeable in bankruptcy. The lawyer should advise you to get credit counseling before you file, and will may even have a computer terminal in their office where you can do the counseling right there, online.
Many lawyers have preferred credit counselors that they work with. Lawyers are responsible for making sure that your information is accurate, so they will be asking you to bring in documentation about your finances, including pay stubs, tax returns, etc. Credit counseling is now required for all persons filing for bankruptcy. A credit counseling session generally lasts about 90 minutes.
Nebraska Bankruptcy Law Terms of Use
They'll review of your financial situation, give you information about your rights and options, and propose a repayment plan for resolving your debt problems, if possible. Credit counseling organizations are now screened by the federal government and only approved organizations can be used in bankruptcy. This regulation is a good thing. The field rife with rip-off artists and the regulation has been welcomed by legitimate credit counselors. Debt consolidation is the practice of taking out one large loan to pay off a bunch of smaller debts that are charging higher interest.
Debt consolidation may or may not be a good idea, depending on your situation. Lower interest is a good thing, but turning unsecured debts like credit card bills into secured debts like a home equity loan can be a costly mistake if you eventually file bankruptcy anyway. Unsecured debts can often be eliminated in bankruptcy, while most secured debts cannot. If you can't pay your secured debt -- or if the payments are late -- you may lose your home.
Empowering Consumers Since The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The sponsored attorney advertisements on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the State Advertising Advisory Listings for specific information related to your state.
Talk to a Lawyer. Toggle navigation NE Bankruptcy Law. Finding a Bankruptcy Lawyer in Lincoln, Nebraska Residents of Lincoln and Lancaster County will want a bankruptcy attorney that is familiar with filing cases in the Nebraska District Bankruptcy Court, and has experience with the trustee that will be appointed to your case. Legal Aid serving Lincoln, Nebraska If your income is low, you may be able to get bankruptcy representation through your local legal aid organization.
Nolo Lawyer Directory of Lincoln Area Bankruptcy Attorneys Nolo offers lawyer profiles and asks the attorney whether they're open to the idea of working with people who have read up on the subject of bankruptcy. Directory of Board Certified consumer bankruptcy lawyers for within 50 miles of Lincoln Search The Web Use the search box below to do a GoogleSearch for bankruptcy attorneys that serve your area.
Here are at least ten ways that come to mind: Help you classify exempt property. Help answer issues about debt and expenses on the means test.
Help decide whether bankruptcy is the best solution for your particular situation. Help you organize all of your relevant financial details into the appropriate forms. Help you meet all filing requirements and deadlines for the Nebraska District Bankruptcy Court.
Help you analyze whether you qualify for lien avoidance and decide when to use it Help you untangle complicated property ownership issues with jointly-owned property and divorce. Help decide if a Chapter 13 bankruptcy is the right option for you. Help you write a Chapter 13 plan that the trustee assigned to your case will accept.
Give you local knowledge about what your trustee generally allows when it comes to "reasonable" expenses. What should I expect from a lawyer? What is Credit Counseling? What is "debt consolidation". Even assuming you're using a legitimate credit counselor, a recent GAO report to Congress stated that: I am forbidden to offer you any legal advice, including advice about any of the following: How to File For Chapter 7 Bankruptcy HFB book will not give you specific advice, either, but it does discuss important facts to consider in making these decisions: What happens in bankruptcy; what are your rights Whole book.
Online Bankruptcy Filing Advertised to Consumers There are several software products designed for lawyers that will prepare full sets of bankruptcy forms, but these programs assume you already know bankruptcy law and are designed for filing multiple bankruptcies. So-Called "Full Service" Companies - Proceed with Caution Some companies tout themselves as "full service" to distinguish themselves from companies that only offer forms preparation.
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Step-by-Step Guidebooks to the Bankruptcy Process How to File for Chapter 7 Bankruptcy Before spending hundreds of dollars on bankruptcy services, take the time to learn about what's involved in filing for bankruptcy, and determine exactly the kind of help you need. If you do decide Chapter 7 bankruptcy is the right option, you'll learn how you can use it to: You'll also learn how to rebuild your credit rating after bankruptcy.
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Press Reviews "Clear instructions on when and how to fill out the necessary forms. The Right Solution to your Debt Problems? Solve Your Money Troubles shows you how to: Your Financial Situation If your debts consist only of unsecured credit card debt, you may well be able to file for bankruptcy on your own.