Solicitor's Function
In this situation, a Chapter 7 bankruptcy attorney may seem superfluous, but in reality, he or she is required to help defend the position of the individual, couple, or business who is ordered to liquidate non-exempt assets. The court filing of the official petition, schedules, and Statement of Financial Affairs is one of the attorney's initial responsibilities.
He or she will be responsible for distributing the list of creditors and the creditors' claims, including the total amount and the form of claim. The source of the person's, couple's, or company's income as well as a schedule of income will also be prepared by the attorney for the court. The Chapter 7 bankruptcy attorney must also compile an inventory of the individual's, couple's, or business's properties. This should include properties that are not exempt from taxation, as specified by law.
The inventory of monthly living expenses must also be submitted, as it will inform the court of the typical monthly expenditures of the individual, couple, or business.
Automatic Remain
The significance of filing for bankruptcy as soon as possible is typically emphasized in court orders. This so-called ""automatic stay"" prevents creditors from prosecuting the individual, couple, or group and from seizing or confiscating their assets. Eventually, the appointed trustee of the property will assume control of the available properties and sell whatever is necessary to pay off the debtors.
In this phase of the proceedings, the Chapter 7 bankruptcy attorney will represent the individual, couple, or group's best interests. The payments will be distributed according to the creditors' order of priority.
Along with the payment of active claims by recognized creditors, administration fees will be deducted from the sale of nonexempt properties. The attorney should be aware that salaries and wages garnered after the date of filing are exempt from distribution to creditors and the administration.""
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