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 Importance Of Hiring A Good DUI Lawyer

Life is unpredictable; therefore, the least that you can do is to be always prepared so that you can handle all adverse situations with better mental balance, without getting into panic mode. Getting caught in a drunken driving case is one of the worst moments in your life. A happy party with friends turns out to one of most nightmarish moments in your life when the police hold you for driving under the influence of alcohol.

You could be let off with a fine or you could be jailed based on the intensity of the accident and damages that you committed while driving in an intoxicated condition. Irrespective of the intensity, it is always recommended to have an expert DUI lawyer to represent your case, so he makes things easier for you. Is it important to have this expert attorney by your side? Definitely yes! The following reasons will explain to you why.

1. Expertise of local laws and regulations

A good attorney would have lots of experience in dealing with such cases previously in his career, and he would be well aware of the local laws and regulations. Therefore, he analyses your case in various angles to find loopholes and hold on strongly to them while representing your case. An experienced lawyer will do everything that is under his purview to reduce your fine or jail sentence to the maximum possible extent.

2. Great team to support investigations

One of the most convincing reasons as to why you need an experienced lawyer to help you, in this case, is that you will get the support of a professional team. The lawyer employs a team of his own to conduct background investigations and to gather as much as information as possible from this case so that he can proceed with the case with full confidence. He prepares reports based on the findings from his team and thus makes his representation as factual as possible so that he doesn’t fail. He also conducts cross-examination of witnesses so that he can prepare answers in your defence and represent your case strongly to reduce the punishment offered to you.

3. Driving license

When you are held for driving under the influence of alcohol or other drugs, the police confiscate your driving license thereby leaving you in the lurch. Therefore, it becomes imperative for you to choose the right and best DUI lawyer to represent your case. If you have a clean driving record previously and if you tell all the facts related to the accident clearly to your lawyer, he will take your case to the court and represent it in such a way that your punishment/sentence is reduced considerably. You will also get back your driving license within no time, thanks to the expert representation of your lawyer.

A good DUI lawyer will save you from a situation that you thought was the worst in your life. When you have lost all hopes and when the future seems dark and gloomy, your legal expert comes as a silver lining to identify the facts & figures of your case and bail you out of the same.

Immigration Lawyers

A lawyer is a person who has the responsibility of advising his clients on legal matters and represents them in the courts of law. Immigration lawyers are lawyers who help people deal with processes that permit them to become a citizen. They assist people who desire entry into the United States for the purpose of tourism, employment, and higher studies or to gain citizenship. An experienced immigration lawyer provides foreigners with the assistance they need to make a trip to the United States successful. US Immigration lawyers also deal with issues relating to the associated legal rights, duties, and obligations of foreigners in the United States. Immigration lawyers deal with the procedures involved with naturalization of foreign nationals. They also deal with legal issues concerning people who are refugees or asylees, people who cross U.S. borders by means of fraud or other illegal means, and those who traffick or otherwise illegally transport foreigners into the United States.

Immigration lawyers are successful in providing all types of immigration visas and petitions, including H1B visas, E treaty trader or investor visas, family residency and employment-based permanent residency visas. They also assist with visa waivers, religious visas, citizenship or naturalization, immigration court proceedings and deportation or removal hearings. Most of the lawyers and attorneys work in private firms. They also practice individually, providing legal services. Some immigration lawyers work on a contingency fee basis. The immigration lawyers employed by the government work at the county, state, or federal level, depending on their experience.

Quite a few lawyers offer “a la carte” legal work. Instead of handling an entire case, lawyers prepare only parts of a case. In certain cases, lawyers only advise their clients. Such lawyers only provide the right amount of legal help that the client absolutely needs and can afford. Usually, in these cases, the lawyer does not represent the client in court Even though this practice is still controversial in some segments of the legal fraternity; organizations like the American Bar Association have gladly accepted the concept.