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A Bankruptcy Attorney Sacramento Utilizes Law Of The State To Benefit The Debtor by Kevin Bose





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A Bankruptcy Attorney Sacramento Utilizes Law Of The State To Benefit The Debtor by
Article Posted: 06/27/2013
Article Views: 62
Articles Written: 2633
Word Count: 481
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A Bankruptcy Attorney Sacramento Utilizes Law Of The State To Benefit The Debtor


 
Law
A bankruptcy situation is a financial mess invited by the debtor as a snowballing effect of loans and credits that the debtor signed for but is unable to repay. It causes a tremendous financial strain on the individual and family members. The situation may lead to the debtor loosing his/her house and car bringing life to a standstill. Hiring a bankruptcy attorney is advisable as an expert legal advice helps the debtor make an informed decision on the situation and effects of filing for bankruptcy. In Sacramento as per the state of California law, all bankruptcy cases are handled in Federal court.

Student Loans

Generally students’ loans are not discharged in bankruptcy law. On checking with a bankruptcy attorney the latter may advise on further research that there are 2 exceptions to the general allowed under 11 U.S.C. Sec 523 (a) (B). The loan may be discharged and it is not insured or guaranteed government or federal loan. It can be discharged also if it can be proved that the loan will be an imposition on the debtor causing undue hardship to the debtor and his/her dependents. Before October 1998 student loans that are older than 7 years were dischargeable. TO prove such exceptions one needs lawyer’s assistance in this matter.

Exceptional situations

There are certain exceptional cases that need to be considered while filing for bankruptcy. If the individual wants to file for bankruptcy but has lived in another state in last 6 months, then the law code 28 USC section 1408 states that tan individual has to file the case where he has lived for over 180 days immediately preceding the commencement. This means that the case has to be filed where the debtor lived for more than 6 months. Hence the debtor has to consult a local bankruptcy attorney who is licensed to file and defend a case in that state. A bankruptcy can be filed jointly or individually and both spouses will be equally liable for joint debts. On consulting a bankruptcy attorney the debtor is usually advised on filing jointly which will double the exemptions as per the bankruptcy law of the state of California. In Sacramento certain cases are filed where only one spouse has debts or only one spouse has non dischargeable debts. In such cases only the concerned spouse has to file for bankruptcy. But if both spouses filed bankruptcy together for joint debts, the fact that one spouse discharged the debt may reflect in the other spouse’s credit report.

A bankruptcy attorney Sacramento has to weigh many circumstances of the case of the prospective client and give the right advice on filing. The lawyer guides the debtor with filing paperwork, documents and best solution for debt consolidation.

Reading the reviews provided by the author is one of the best ways to gain necessary information on debt relief attorney Sacramento

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