Whether you’re thinking about filing for bankruptcy or have already filed, it’s a good idea to seek the advice of a Bankruptcy Attorney. They can help you through the process and make it as stress-free as possible.
The Kevin Zazzera firm has been practicing in New York and New Jersey for over 25 years. Their primary focus is consumer bankruptcy and, while the number of successful outcomes they’ve gotten for their clients numbers in the thousands, each client gets their individual attention.
Fees
Trustees have the right to hire counsel to defend against challenges to acts, but they do not have the right to pay for the attorney’s services. Nevertheless, some bankruptcy attorneys offer free consultations. This is a good way to see if you’ll get along with your attorney and whether they’re willing to help you through bankruptcy. A recent decision from the U.S. Supreme Court posed a challenge to the right of bankruptcy courts to award attorneys’ fees. In In re ASARCO, L. L. C., a copper mining division of Grupo Mexico filed for bankruptcy. The company had been sued for toxic torts and environmental claims. The firm also sought protection from labor strike actions.
The bankruptcy court considered ASARCO, but rejected the company’s argument that Section 330(a) of the Bankruptcy Code allowed the fee defense fees of the bankruptcy attorneys. In addition, the bankruptcy court concluded that the Bankruptcy Code did not authorize the award of fee defense fees.
Representation at mandatory hearings
Whether you are filing for bankruptcy or just have creditors knocking at your door, you are bound to get a fair share of legal wrangling. Having a competent attorney on your side is a must if you want to walk away from the proceedings with a resounding sigh of relief.
While you’re at it, you may want to consider hiring an attorney who is not only experienced in bankruptcy law, but one who is a certified legal expert in the relevant area. This will save you both time and money, and ensure you are presenting yourself in the best light. A good attorney can also provide you with valuable advice on how to handle your creditors. Of course, having an attorney on your side is not the only way to get through the tough times. You might also want to consider signing up for a non profit organization that promotes collaborative family law dispute resolution. These are usually free and can be very helpful in resolving a financial mess.
Security interests in personal property after bankruptcy
Using personal property to secure a debt is a legitimate business endeavor, and the law governing security interests in personal property isn’t as complicated as one might think. The Uniform Commercial Code (UCC) governs the process, and the state-specific version of Article 9 is also applicable.
There are five main ways a creditor can perfect a security interest. This includes the obvious, such as taking possession of the collateral. The UCC also permits a creditor to perfect the interest automatically. Unlike a mortgage, a security interest isn’t tied to a particular asset, such as a house. A creditor may also perfect the interest temporarily, as specified by the UCC. The UCC also has a system for notifying creditors of the existence of a security interest. This system is designed to provide creditors with public notice of their security interest without the need for a lot of paperwork. The best part is that the system works even when a creditor doesn’t want to be notified.