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Your Attorney's Role

Chapter 7 vs. 13
Who Can File
Why Chapter 13
Plan Requirements
How it Works
Debt Consolidation
Where to file
Chapter 13 Fees
Your Attorney's Role
Fair Attorney Fee
Trustee Fees
Your Case Number
Creditor Approval
Advice from Friends
Your Attorney
The Trustee
341 Meeting
Conversion
Effect on Lawsuits
Automatic Stay
Claim Discrimination
Student Loans
Self Employed
Unemployed
How Long?
How Much?
Plan Payments
Payment Problems

What is the role of my attorney in a Chapter 13 case? 

Your attorney provides a full range of services throughout the bankruptcy process.  These services include:

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Analyzing the amount and nature of the debts you owe and determining the best remedy for your financial problems.
 

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Assisting you in preparing a budget.
 

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Examining the liens or security interests of secured creditors to determine whether they are valid or avoidable and how they should be valued, and taking the legal steps necessary to protect your interest.
 

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Assisting you in drafting your Chapter 13 plan so that it meets your personal needs and is acceptable to the Chapter 13 Trustee and Bankruptcy Judge.
 

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Preparing the necessary pleadings and Chapter 13 forms.
 

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Filing the Chapter 13 forms and pleadings with the Bankruptcy Court.
 

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Attending the meeting of creditors, the confirmation hearing, and any other court hearings required in the case.
 

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Assisting you in receiving confirmation (court approval) of a Chapter 13 plan.
 

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Reviewing the claims filed in the case, filing objections to improper claims, and attending court hearings on such objections.
 

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Modifying your plan, if necessary, to deal with changed circumstances.
 

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Assisting you in overcoming any legal obstacles that may arise in the case.
 

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Assisting you in obtaining a discharge upon the completion of the plan.

For more information about bankruptcy, please call us at 408-294-6100, or e-mail us via info@sjconsumerlaw.com.  One of our attorneys will be able to answer any questions which you may have in greater detail.  Please remember that the foregoing information is of a general nature, and does not constitute legal advice.  The facts of each situation are unique, and we must discuss those facts with you before any advice can be given.

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Revised
February 21, 2005

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