The idea of filing for bankruptcy can be scary and confusing. It is not a decision to enter into without the proper information. You may have seen an advertisement for a Los Angeles bankruptcy attorney on television or on a website, and the idea of paying a few lawyer fees and having your debt wiped out may seem like magic. But before you decide to file for bankruptcy, you should educate your self about the process, and gain an understanding of what bankruptcy actually means. Here are some things to consider when deciding whether bankruptcy is the right decision for you.

Types of Bankruptcy

The two types of bankruptcy that are of concern to individuals are Chapter 7 and Chapter 13, although there are several other chapters, such as Chapter 11 (used by businesses) and Chapter 12 (available to family farmers and fisherman).

When you file Chapter 13, you do not eliminate your debt. Instead, you enter into a court-approved rehabilitation plan, in which you make regular payments determined to be feasible when your income and expenses are examined.

Chapter 7 bankruptcy does wipe out most unsecured debt. However, there are certain types of debt not discharge-able through Chapter 7. These types of debt include:

Child Support

Spousal Support

Most Student Loans

Property Taxes

Income Taxes Going Back More than 3 Years

Effect of Bankruptcy on Credit Score

Bankruptcy does indeed stay on your credit report for up to ten years, which is definitely something to consider when deciding to file. However, in most cases, once bankruptcy becomes a realistic option, the individual’s credit score is already ruined. If paying off your debts one by one is a possibility, or if several of your debts may fall off of your credit report in the near future, perhaps bankruptcy would indeed have an unnecessary negative effect on your credit score. However, by the time most people begin seriously considering bankruptcy, the effect on the credit score is of minimal importance.

Bankruptcy Abuse Prevention and Consumer Protection Act

This law went into effect in October 2005, and changed some of the circumstances around filing for bankruptcy. At this point, a filer’s income is subject to a means test, which looks at the debt beside the individuals income, and determines whether the income falls below a median that varies by state. This decides whether or not the person qualifies for bankruptcy. Another change is that now, prior to filing, you must go through an hour long debt counseling session with a non-profit debt management agency, to explore all options for dealing with the debt

Other Methods of Filing

Contacting bankruptcy lawyers is not the only option you have for filing. You may download the federal bankruptcy forms and fill them out yourself, although this option is not advisable unless you have an in-depth knowledge of bankruptcy laws. There is also bankruptcy software available, which works much like tax-prep software in that it guides you through the filing process. You can also use a full-service online preparer, although this person is not an attorney and cannot offer legal advice. They simply prepare the forms for you.

The fees for a bankruptcy attorney are usually between $1,000 and $2,000. The fee to file is about $300. Bankruptcy can be a new beginning, and you may determine that the fees of hiring a lawyer are worth the peace of mind you will gain from having your debt under control. Make sure you educate yourself and stay informed through every step of the process, whatever your decision.

Do you need a Los Angeles Bankruptcy Attorney? There’s valuable information regarding the different kinds of bankruptcy and what you should do. Make sure you talk to bankruptcy lawyers soon and find out your options!