Tuesday, November 6, 2012

What to do when you receive a Notice of Bankruptcy? Step 5: Do you need an attorney?

When you receive a Notice of Bankruptcy, you are likely to have a lot of questions.  In this series we have tried to help walk you through how to answer some of those questions, but unfortunately the process is complicated and you may only have more questions now that you know your rights and deadlines.

Because those meetings and deadlines happen, in most cases, in a very short period of time, it's important to get advice and get it quickly if you have questions.  Waiting to determine your next move could result in you waiving certain rights.  And taking action without all the information could be even worse, if you violate the automatic stay for example.

Therefore, if you have any questions at all about the best way to proceed when you receive a Notice of Bankruptcy we recommend consulting with an attorney, even if just for one meeting.

More specifically an attorney should help you be able to:

1.  Determine whether you are a creditor or some other interested party, and in any event what rights you may have to challenge the discharge in those situations.

2.  Determine if any action you are currently taking is in violation of the automatic stay or permissible.

3.  Determine whether a debt owed to you may be non-dischargeable, or whether some of the assets may be available to pay that debt.

4.  Determine whether or not you should file a Proof of Claim, and explain the benefits and consequences.

5.  Determine whether or not you should file an adversary proceeding, and explain the benefits and potential consequences.

6.  Assist you in proving fraud if you believe it exists in your specific case.

7.  Determine the potential cost of making any of these challenges and what you stand to gain.

If you are interested in consulting with one of our attorneys relating to a case in Massachusetts, click here to schedule a consultation.

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