Cheap, Affordable Bankruptcy Without Lawyers – Beat the New Higher Bankruptcy Costs and Save on Fees

Higher Bankrupt Costs Since the New Law, So How Can Debtors Get Cheap Affordable Bankruptcy Without Lawyers?

WHY THE NEW BANKRUPTCY LAW WAS ENACTED

On October 18, 2005, the new bankruptcy law, called the “Bankruptcy Abuse Prevention and Consumer Prevention Act of 2005” (BAPCPA), went into effect in the United States. At that time, there was no anticipation that a rising higher bankruptcy costs would sooner result with the new law. However, recent reports find that the new law brought such results, and that there are more American debtors going bankruptcy without lawyers.

The new law had been prompted principally by the general clamor and intense outcry and lobbying of the well-financed, well-organized, and properly connected but powerful, American banking and credit card industries and the bankruptcy lawyers, who had contended that the old bankruptcy law was supposedly “too soft on debtors,” and that the “excessive generosity” of the old bankruptcy system supposedly encouraged abuse and allowed many undeserving debtors who, they said, could well have afforded to pay their debts, to take undue advantage by using Chapter 7 bankruptcy to avoid repaying their debts.

That claim was NOT at all true. In deed, almost every credible study that had been conducted on the subject, and most experts that testified before Congress, had held otherwise. However, Congress disregarded such evidence. In stead, it promptly responded by passing the BAPCPA law, any way.

In consequence, the stated and yet unmistakable purpose of this law was essentially to discourage debtors from filing bankruptcy by making it more stringent and expensive to file. The new law was to do that by forcing people who, it was said, could actually “afford” (through a determination by a complex “means test” calculation) to repay some of their debts, into filing for bankruptcy under Chapter 13, instead of under Chapter 7 – that is, the type of bankruptcy (Chapter 13) which requires that the debtor will repay at least some, if not most or all, of their debts.

HAS THE NEW LAW ATTAINED ITS ORIGINAL OBJECTIVE?

But lo and behold, today, it is now some 5 years later into the new bankruptcy law. The actual results and effects of the new law are just beginning to emerge. And the question is: has the BAPCPA law actually attained the basic objective for which it had supposedly been originally designed?

Actually, on one major goal of the law – the goal of discouraging debtors from filing bankruptcy and drastically curtailing the rise in bankruptcy filings by debtors – the BAPCPA law has, to date, turned out to be a woeful failure. In deed, as we speak today, there is a NEAR RECORD RISE IN BANKRUPTCY FILING. For example, in the 12-month period ending June 30, 2010, bankruptcy filings rose 20 percent, according to statistics released by the Administrative Office of the U.S. Courts. A total of 1,572,597 bankruptcy cases were filed nationwide in that period, compared to 1,306,315 bankruptcy cases filed in the previous 12-month period ending June 30, 2009, making it the highest number of filings for any period since the BAPCPA law went into effect in October 2005.

How the New Law Has Made Bankruptcy More Cumbersome and Costly for Debtors

It is, however, on the second major consequence caused by the law, that its impact has become far more profound for the average debtor or bankruptcy filer. Namely, on the fact that the new law has made bankruptcy far more cumbersome for the debtors, and has simply brought rising higher bankruptcy costs, causing debtors to seek cheap affordable bankruptcy without lawyer.

Historically, the ability of the average debtor reasonably to file for bankruptcy and to be reasonably discharged of his/her debt burden, and to obtain a fresh start to begin life anew relatively unhindered by the past debts, has been a fundamental but vital and long-standing part of the American law and life. In deed, that right is one of a handful of fundamental rights specifically named by the original U.S. Constitution and guaranteed under it. However, contrary to that fundamental American value, the new bankruptcy law of 2005 introduces into the bankruptcy system, perhaps for the first time ever, elements which drastically limit the extent of the exercise and enjoyment of this basic right by the average debtor. It does this by placing an array of new hurdles, financial as well as legal, on the path of the overburdened American debtor who seeks the “fresh start” protection that bankruptcy has traditionally offered the American debtor.

Some Examples of How the New Law Has Done this. The new law:

• Now makes it harder for debtors to discharge certain types of debts.
• Forces a greater proportion of debtors to repay their debts.
• Imposes special responsibilities and restrictions uncommon even on bankruptcy lawyers and Bankruptcy Paper Preparers (e.g., lawyers are now required to personally vouch for the accuracy of the debt and financial information their debtor clients provide them, and to do more paperwork ), handing lawyers an excuse to jack up their fees for bankruptcy even higher than before.
• Imposes tremendous restrictions and undue scrutiny upon the Bankruptcy Paper Preparers (the name given by the Bankruptcy Code for non-lawyers who help debtors with their bankruptcy paperwork), the net result of which has now been to discourage affordable assistance for bankruptcy filers and thus chase them into the offices of bankruptcy lawyers who charge some 50 times the fee of the BPPS to do basically the same thing for the debtor.
• Require debtors to undergo credit and budget counseling, and
• Subject bankruptcy filers to a mountain of paperwork, documentation and procedures that could be quite daunting for anyone, in order to file for bankruptcy.

EExorbitant Lawyers’ Fees for bankruptcy Filers the Biggest
Consequence of the New Law

Today, some 5 years after the operation of the new BAPCPA law, it is almost crystal clear now that the biggest consequences of these new array of hurdles brought about by the new law on the American debtor, is that there has been rising higher bankruptcy costs with the new law and an exorbitant lawyers’ fees for bankruptcy filers, and which has caused the debtor to seek cheap affordable bankruptcy without lawyer

Bankrupt Cost Higher

For example, according to a study released in January 2010 by Katherine Porter, associate professor of law at the University of Iowa, and her colleague, Ronald Mann, a professor of law at Columbia University, titled “Save on Bankruptcy fees,” (primarily because attorney fees and court filing fees have risen so dramatically under the new law) most debtors in current times simply find it too expensive to file for bankruptcy. For example, the average lawyers’ fee for a simple bankruptcy in parts of the country today, has reportedly shut up to a whopping sum of $2,500 for a simple Chapter 7 bankruptcy, and about $4,500 for a Chapter 13, among other new complications now to be confronted by the debtor who wishes to file for bankruptcy.

But Don’t Despair. There are Still Some Available Low-cost, Affordable Options for Debtors to File Bankruptcy!

Now, true, for many a debtor the new law has brought rising higher bankrupt costs. But, as a debtor wanting to file bankruptcy, how do you remedy this major hurdle? That may mean, for example, how do you get cheap affordable bankruptcy without lawyers? Actually, one answer seems to be that the American debtors and consumers have become increasingly adept at finding a “new” alternative for getting their bankruptcy filing needs done – AFFORDABLY.

One such major legitimate option and excellent alternative open to debtors under the U.S. Bankruptcy law, and which is now becoming increasingly “popular” among them as their way to file bankruptcy, is the use by debtors of low-cost, cheap, non-lawyer helpers to assist the bankruptcy filers with their bankruptcy paperwork. Called Bankruptcy Paper Preparers or BPP under the bankruptcy law, these helpers are often skilled paralegals. The better ones among them, when correctly selected, are specially trained and experienced specialists in the bankruptcy process, often exactly the same paralegals that bankruptcy lawyers employ in their own offices in doing the bankruptcy work for their debtor clients.

Stephen Elias, a California attorney and bankruptcy specialist and author of several books on the subject, summed up this fact and trend this way: “Surveys have shown that many attorneys have doubled their fees to cope with new requirements imposed by the BAPCPA of 2005. Many thousands of debtors have therefore been priced out of lawyer representation in their bankruptcies.”

Hence, adds Elias: “Because of rules governing the practice of law, the only legal alternative to attorney representation is self representation… Bankruptcy Petition Preparers can assist with your paperwork.”

NEED MORE INFORMATION?

As a debtor wishing to file affordable bankruptcy, how do you remedy the problem of the rising higher bankruptcy costs of the 2005 law? How do you get cheap affordable bankruptcy without lawyer, or with lawyer? For more information on how a growing number of dabtors specifically end the “too broke to even declare bankruptcy syndrome” problem by using low-cost non attorney assistance, such as a good federally-approved Debt Relief Agency or Bankruptcy Paper Preparer, to secure your Constitutional right to bankruptcy protection, please visit this site: http://www.afford-bankruptcy.com/proSeBankruptcyTrend.html

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The Function of a Personal Injury Lawyer

Personal injury lawyers are individuals who provide authorized representation to victims who sustained damage both physically or mentally in an incident brought on by an act of carelessness of another person. They’re also recognized as an accident lawyer or an accident attorney. An accident lawyer should have sound knowledge of tort law which usually deals with civil misconduct and damages brought on to someone’s property, social standing and private legal rights. It’s essential for an individual to have a good idea about what should be done when an accident happens.

A personal injury lawyer usually assists a person in making claims about the accident that they were involved with so that they can ask for compensation. Nevertheless, when consulting an injury lawyer, inflicted party has to be sure about the skill, experience and reliability of the lawyer. This can be vital to see whether a personal injury lawyer has everything required in them to handle a case successfully and to make their claim a successful one. One of the most effective ways to find out how reliable a personal injury lawyer is to do some research about this kind of lawyer and it is best to choose a lawyer who has a vast knowledge about personal injury related laws.

Personal injury lawyers sometimes help individuals who were involved in an accident to make a claim for proper treatment particularly in a situation where there’s an argument about who’s to be made responsible for the accident and whether the people involved with the accident sustained severe injuries. Sometimes, a victim cannot be sure how much they has been affected due to an accident until they visit a doctor and goes through some important tests. Therefore, it is important for the client to speak to a doctor in order to be sure of their health condition after they have been involved in an accident.

People who have sustained accidents whilst being inside a car that is under insurance policy would sometimes need to consult personal injury lawyer or accident lawyer fairly soon after an accident. There is a specific reason behind that as some insurance companies’ state that the victim of an accident has to file a report or case for any kind of accidents that happened within a specific time period – 60 days in most cases. The case would not be valid if the victim spoke to a lawyer after the specific time period ends.

However, there are two things that an individual has to consider before choosing a personal injury lawyer. The first one would be to know whether or not they will be pleased with the service of an accident lawyer. The second consideration will be the settlement of the lawyer hired to deal with a specific claim or situation. Usually, 25% settlement charges collected are demanded by most of the lawyers after a case or trial is successfully handled.

To conclude, it may help seeking a personal injury lawyer if someone experiences a severe accident however they need to make sure that the lawyer has suitable experience in the field and they need to know the success rate of their chosen attorney before pursuing or filing any lawsuit or claim.

Personal Injury Lawyers

Need an Accident and Injury Lawyer?

If you have been in an accident or suffered an injury, you may need to find am Accident Lawyer. Accident Lawyers – also referred to as Personal Injury Lawyers – handle matters such as:

* Defective Products

* Medical Malpractice

* Motor Vehicle Accident

* Occupier’s Liability

* Personal Injury

* Slip and Fall

* Workplace Accident

* Wrongful Death

Consulting with a Personal Injury Lawyer
When you meet or talk with Accident Lawyers, make sure you provide information such as:

(1) when the injury took place or when you found out about it,
(2) what your damages were/are/will be, and
(3) a good description of what happened.

When Accident and Personal Injury Lawyers review your information, they’ll want to know these things as a starting point. These Lawyers have researched accident and injury cases and legislation and will know if there is a time limitation on your ability to bring a claim as well as your probability of success in both negotiating or litigating a resolution.

Contingency Fee
Frequently, Accident Attorneys take on cases that have merit on a contingency fee basis, which means that they won’t get paid until you get paid. Percentages typically range from 20 to upwards of 40% of what you collect from third parties. This compensation method facilitates access to justice because lawyers are often too expensive on an hourly basis to pursue your claim. Bear in mind, however, that this compensation method provides an incentive for lawyers to try to settle a case pre-maturely. This should be avoided where the case has merit and you (i.e. the client) do not want to settle for less than a certain amount.

Select the Right Accident and Injury Lawyer
Go with a lawyer who is accessible, responsive, and has a proven track record of getting clients what they want. Personal Injury Lawyers can demonstrate their knowledge, skills, and experience in a given area of law by showing you cases they have been involved in (and hopefully won), articles they have published, and perhaps even giving you client referrals. You should not feel obliged to go with a particular lawyer. Trust your instinct. Do your due diligence. Just make sure that you are comfortable communicating with the Personal Injury Lawyer and providing them with instructions on how to proceed. Remember: although Personal Injury Lawyers give you advice and recommendations based on their experience, you are always going to be in the driver’s seat.