Baxter & Baxter, LLP | Consumer Protection | Bankruptcy Attorneys | Oregon & Washington

Washington Bankruptcy Baxter & Baxter, LLP’s Vancouver, WA Office Moves Posted Tue, 05/04/2010 – 12:50 by admin Baxter & Baxter, LLP, has opened its Vancouver, Washington bankruptcy office, to serve Clark County, Cowlitz County, Pacific County, Wahkiakum County, and Skamania County. The Vancouver, Washington bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcy. The new office is located at: 1101 Broadway Street, Suite 213 Vancouver, Washington 98660, USA Tel. 360.574.5239 Fax 360.326.1613

Why Should You Hire a Bankruptcy Attorney ? Lara M. Gardner Filing bankruptcy can be one of the most difficult choices a person makes. Often you have been struggling to meet your financial obligations. Something happens and the house of cards comes tumbling down, leaving you faced with a proposition that seems like failure. It is difficult and frustrating. You go to see an attorney and realize that even though you have no money to pay your bills, the attorney wants over a thousand dollars or more to represent you. You discover there may be an alternative. You could pay someone much less to prepare your petition for you. You think Why not? Your case isn’t complicated, at least you don’t think it is. You pay a few hundred dollars and file your case. You may be okay. More likely, after things go very wrong you will realize that you should have hired an attorney. Bankruptcy is more complicated than it appears on the surface. People who have seen or attended a bankruptcy hearing testify that the meetings are often over quickly. What is not apparent from the meeting is that most of the complicated work is done before the meeting takes place. The hearing should go smoothly if everything was done right ahead of time. Having sat through countless hearings while representing debtors in the bankruptcy cases, I can assure you that bankruptcy is often more complicated than it looks, especially since the changes that took place in the bankruptcy laws in 2005. Bankruptcy is more than what bills you owe. People often do not realize that all of their belongings are assets that may or may not be exempt. You may fail to disclose an item that could have been protected, only to lose it because of the lack of disclosure. The actions taken in the years and months leading up to bankruptcy can have consequences, and can cause unintended ramifications for friends and family members. Every consumer bankruptcy case is assigned to a trustee. That person is responsible for ensuring the interests of your creditors are protected. When you hire a bankruptcy attorney, this person is there to represent you. Your attorney can help you to determine which debts you can discharge or pay off. Your attorney will help you protect assets that are not exempt, and will help you to do so legally. Your attorney will make sure you list every asset and that every asset that can be is protected. Your attorney will help you ensure that bankruptcy is what it is intended to be: a fresh start. When you pay an attorney, you are paying that person to ensure you file everything you are supposed to file, turn over all the paperwork you are required to turn over, help you maximize your assets and minimize your losses, and to represent you against your creditors. In short, you are paying for the best fresh start you can muster. What can a petition preparer do? Legally, all a petition preparer can do is fill in the blanks on your bankruptcy documents. If you choose to pay someone hundreds of dollars for this service you are, in effect, paying hundreds of dollars for data entry service. If a petition preparer does more than enter information into your petition, that person is breaking the law. Both federal bankruptcy laws and state rules governing the practice of law forbid anyone except a licensed attorney from giving you advice. Why? To protect you, the consumer. If an attorney messes up your case, there are protections in place to help you. Attorneys in Oregon,Washington, and many other states are required to carry malpractice insurance. They can also be sanctioned by their bars for failure to adhere to a basic code of conduct. There are no systems in place to help you if a document preparer messes up your petition or gives you erroneous advice. You may be able to file a complaint claiming they practiced law without a license, and while the person may face fines or sanctions, you will not get anything to cover your losses. Hiring an attorney to represent you during your bankruptcy can be expensive. After suffering through financial difficulties and falling behind on your financial obligations, handing over a large sum of money to an attorney can seem like a real hardship. But bankruptcy is not an area to shortchange yourself. Filing bankruptcy is your opportunity to make a fresh start. Make it the best start it can be by hiring a good attorney to represent, protect, and advise you. Think of it as your first investment in a new financial future. Lara Gardner is a consumer bankruptcy attorney for the consumer protection law firm of Baxter & Baxter, LLP. Click here to learn more about Lara. This information is presented by the Bankruptcy Practice Group of Baxter & Baxter, LLP. The Portland, Oregon bankruptcy attorneys and Vancouver WA bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial phone consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file. “We are a debt relief agency. We help people file for relief under the Bankruptcy Code.”

The Process of Filing for Bankruptcy in Oregon and Washington Consumers often have questions about the basic process of filing for a bankruptcy in Oregon. The dedicated Portland, Oregon bankruptcy attorneys of Baxter & Baxter, LLP, can guide you through this process. Here are the basic steps of filing for bankruptcy in Oregon: 1. Gather documentation and file initial petition and schedules 2. Attend the initial meeting with the Trustee 3. Provide additional requested documents 4. Negotiate reaffirmation agreements 5. Attend reaffirmation hearing (if applicable) 6. Receive discharge (often as little as 3 months from filing) 7. Get a Fresh Start! The steps in filing a bankruptcy are straightforward, but the requirements must be followed properly to get a swift and final discharge. The Portland bankruptcy attorneys of Baxter & Baxter, LLP, can help you though the process of filing bankruptcy in Oregon. If you would like a free telephone consultation with an Oregon bankruptcy lawyer, call (503) 297-9031 today! The Vancouver, Washington bankruptcy attorneys of Baxter & Baxter, LLP have offices in SW Washington, and represent consumers in Vancouver, Clark County, and Cowlitz County. If you would like a free telephone consultation with an Oregon bankruptcy lawyer, call (360) 574-5239 today! This information is presented by the Bankruptcy Practice Group of Baxter & Baxter, LLP. The Portland, Oregon bankruptcy attorneys and Vancouver WA bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial phone consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file. “We are a debt relief agency. We help people file for relief under the Bankruptcy Code.”

Stopping Home Foreclosure through Bankruptcy 2 Many consumers are new home owners because of lax lending rules in recent years, and because of non-conventional loan schemes, including zero-interest, zero-down loans. The bad economy has left many new home owners wondering how bankruptcy will affect their mortgage and their ability to keep their homes. Bankruptcy offers a way to stop the foreclosure sale and to retain your property, even over the foreclosing creditor’s objection! Facing a foreclosure is something that they never imagined would happen. For them, and perhaps you, the foreclosure is often the result of circumstances beyond their control, such as temporary loss of a job or an illness. An obvious solution to the foreclosure may be to sell the property before the date of the foreclosure sale. However, it is often not possible to conclude the sale before the date of foreclosure. Plus, most people want to keep their home and find a way to get caught up on their payments. You may be able to stop or avoid home foreclosure and keep your home by filing a Chapter 13 bankruptcy. The Portland, Oregon bankruptcy attorneys of Baxter & Baxter, LLP, can advise you on whether you should file for bankruptcy, and whether Chapter 13 bankruptcy is right for you. Foreclosures under Chapter 13 Bankruptcy In a Chapter 13 bankruptcy, the court enters an order creating a repayment program. The Plan lets the debtor pay off the arrearage, including late payments over the length of a repayment plan, usually three to five years in some cases. The benefit of filing for Chapter 13 bankruptcy is that the home owner gets to keep their home and get current on the mortgage over time. A Chapter 13 bankruptcy may also help you eliminate the payments on your second or third mortgage altogether. Unlike your first mortgage, which is secured by the property and the value of the property, you may no longer have any equity with which to secure the subordinate mortgages. Under those circumstances, the court may “strip off” the second and third mortgages and recategorize them as unsecured debt. Under Chapter 13 of the bankruptcy code, unsecuritized debt takes last priority and often does not have to be paid back at all. Foreclosures under Chapter 7 Bankruptcy If you do not have sufficient income after your bankruptcy to qualify for a repayment plan, it may be necessary to petition for a total liquidation under Chapter 7. If you are not able to afford your mortgage payment after your bankruptcy (for example in the case of death, divorce, or long-term unemployment), the debtor can surrender the property back to the lender. If you are filing for Chapter 7 bankruptcy, the final discharge order will at least discharge the debt, including the deficiency. In some cases, it is possible to reaffirm a mortgage, but at the close of the bankruptcy case, the debtor must immediately get current on the arrearage, including late payments and charges; otherwise the lender can start a new foreclosure proceeding. The Portland bankruptcy lawyers of Baxter & Baxter, LLP, offer competitive rates, and we can work with you to move swiftly to avoid home foreclosures. For a free phone consultation with a Portland, Oregon bankruptcy lawyer, call (503) 297-9031 today! This information is presented by the Bankruptcy Practice Group of Baxter & Baxter, LLP. The Portland, Oregon bankruptcy attorneys and Vancouver WA bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial phone consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file. “We are a debt relief agency. We help people file for relief under the Bankruptcy Code.”

Filing for Bankruptcy : A Fresh Start The policy underlying the Bankruptcy Code is to give debtors a Fresh Start. The Portland bankruptcy attorneys of Baxter & Baxter can help you file for bankruptcy, guide you through the process of obtaining a discharge, and make it possible for you to get that Fresh Start. What Happens After Bankruptcy? After the U.S. Bankruptcy Court Judge enters the final discharge order in your case, it acts as a permanent injunction against your creditors. For all debts that are not reaffirmed or otherwise continued by the Court, those creditors are permanently barred or enjoined from attempting to collect from you, including collection letters, harassing phone calls, and suing you in court. You must repay any debts that are reaffirmed, or which the Court requires you to repay. Obtaining Credit After Bankruptcy? It is a common misnomer that consumers cannot obtain credit after bankruptcy. It is true that the bankruptcy will have an adverse consequence on your credit score and credit report. The bankruptcy itself will appear on your credit report for ten years. You may pay higher interest rates, obtain lower credit limits, or have other conditions placed on your credit than prior to your bankruptcy. However, these are often some of the same consequences of having active collection accounts on your credit report. If you would like a free telephone consultation with an Oregon bankruptcy lawyer, call (503) 297-9031 today! This information is presented by the Bankruptcy Practice Group of Baxter & Baxter, LLP. The Portland, Oregon bankruptcy attorneys and Vancouver WA bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial phone consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file. “We are a debt relief agency. We help people file for relief under the Bankruptcy Code.”