A bankruptcy attorney specializes in legal matters related to bankruptcy, which is a legal process involving people who are unable to repay their outstanding Debts.
If after a death when Administering an Estate, the deceased's estate is deemed Insolvent, a bankruptcy attorney can help determine which type of bankruptcy is most appropriate for their situation, guide them through the complex process of filing for bankruptcy, and help manage the impact on Distributing the deceased's Assets and property to Surviving Family, Heirs and other Beneficiaries.
In addition to assisting with the bankruptcy filing itself, bankruptcy attorneys can also help their clients negotiate with Creditors, develop repayment plans, and navigate the legal process of debt collection.
They may also represent their clients in court proceedings related to bankruptcy, such as hearings and negotiations with creditors.
Bankruptcy attorneys can help after a death in several ways:
Assessing Estate Debts: They evaluate the deceased's finances to determine if there they owed any debts or if there are any other potential bankruptcy issues within the deceased's Estate.
Addressing Creditors' Claims: They work with creditors to handle claims against the estate, negotiate debt settlements, and ensure that the estate's assets are appropriately utilized to satisfy outstanding debts.
Guiding on Bankruptcy Options: Bankruptcy attorneys advises the estate's Executor or Administrator on bankruptcy options if the estate is insolvent and unable to cover its debts, helping choose the most suitable bankruptcy route, such as Chapter 7 or Chapter 13 bankruptcy.
Protecting Exempt Assets: They assist in identifying and protecting assets that may be exempt from bankruptcy claims, ensuring that certain assets, like a primary residence or personal belongings, are not included in the bankruptcy estate.
Handling Bankruptcy Court Proceedings: They represent the estate in bankruptcy court, filing necessary documents, attending hearings, and managing the legal process to address and resolve the estate's bankruptcy matters.
Minimizing Losses: They work to minimize losses to the estate by exploring legal strategies, negotiating with creditors and seeking the most favorable outcomes within the bankruptcy proceedings.