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Bankruptcy Attorney Omaha

Attorneys in Omaha, NE
Bankruptcy Attorney Omaha

If you are contemplating a bankruptcy you are likely under extreme financial stress and may find it hard to cover your house or vehicle payments.

You may be wondering how much a bankruptcy will cost or if you can handle the process without the help of an attorney.  It is possible to file a bankruptcy without representation, but the rules and procedures involved will likely prevent you from successfully completing the process.  When filing for bankruptcy it is always best to have exceptional legal representation.

Risks

1. Bankruptcy is not a simple or quick process

especially without an attorney.  The bankruptcy process is extremely complicated but an experienced bankruptcy attorney will be able to guide you through the process.   Proceeding without representation may mean you miss a vital step in the process and may result in the bankruptcy trustee rejecting your bankruptcy filing or, possibly worse, seizing property from you that you had not planned on parting with.

Examples include:

  • failure to take the correct required classes
  • failure to file a required document or failure to fill out a required document precisely as the bankruptcy trustee requires.
  • failure to attend a hearing
  • failure to meet a specific unknown deadline, like sending required documents to your Trustee.

2 – A bankruptcy petition consists of several sections that are required to be completed with detailed information

The petition and schedules are available online and at the local bankruptcy court but the petition does not include sufficient information regarding what information must be included in each section.

Examples include:

  • All assets must be listed with the fair market value.  An asset is not just physical belongings.  It can be hard to determine what is considered an asset without assistance from an attorney.   Correctly determining the fair market value of an asset is also important because the value of an asset may be protected under state exemptions; but the full value may not be protected if the asset is not properly valued.
  • State exemptions are applied to protect assets.  If an exemption is not applied correctly, the Trustee may seize the asset and sell it on behalf of your creditors.
  • All creditors must be listed; even creditors of debts you do not wish to discharge.
  • Income calculations are required to determine what type of bankruptcy you’re eligible for (e.g. Chapter 7 or Chapter 13).
  • Extensive financial history information must be listed in the Statement of Financial Affairs to report past transactions.
  • The unknown is scary to face without someone to prepare you for each step and explain the information from the Court.  Several issues may pop up after your case is filed that will require additional follow-up, including:
  • A creditor’s objection to discharge
  • A Trustee’s notice to claim assets
  • A creditor who did not receive notice or is still collecting

I have assisted several clients who attempted to proceed without an attorney and found the results are typically messy.

Our attorneys work hard to prepare accurate petitions and review each step of the process with you.   We will help review your budget issues and discuss if bankruptcy is right for you.  We will also review any potential risks and prepare you for all scenarios.  Most importantly, we will get you through the process successfully.

Contact a proven and successful Bankruptcy Attorney in Omaha today!
402-933-3345

What Our Clients Say

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Helped me to choose which course would be best!

From day 1 Frank was able to give me several different options and helped me to choose which course would be best for me in my family law case. Everything was done quickly and without problem. I walked away from court and what seemed like a never ending battle completely satisfied with the outcome. I would recommend Frank and his firm to anyone looking for an attorney who really knows their stuff and cares about their clients.

Grace

We Answer
Your Questions About The Law

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The short answer is yes, you should care because it’s going to affect the statute of limitations on your claim. It’s important to define what a political subdivision is that way, you know where your claim lies.

A subdivision is city, county, villages, schools, certain administrative agencies. All those are treated under the act differently. Now, if you do sustain an injury or an accident with one of those individuals that I’ve named, then you have one year from the date of your injury to file a written notice, written claim to that subdivision. If you don’t, then your claim is forever barred. Read More

That depends on you, specifically in regards to the length of time it takes for your injuries to improve, how long it takes to get to a point where we can reasonably determine what your future looks like, what additional medical care you require, the cost of such medical care and what permanent restrictions or impairments you have. Read More

The answer to that is almost universally no. The reason for that is the insurance companies like to get in early and offer you a lowball offer in the hopes that they can get you to sign a release of liability waiver. Once that happens, you’re out of luck.

The reason that they send these lowball offers is because you haven’t had a chance yet to properly evaluate your claim. You might still be treating, you might need future medical. There’s also the possibility that you’ve been permanently damaged and you need a doctor to assess that. Read More

Maximum medical improvement or MMI is the point in your injury where you’re about as good as you’re going to get which means you’re not likely to get much better and you’re not likely to get much worse.

It doesn’t mean that you’re all the way better and so for that reason, maximum medical improvement is the point at which your permanent disability benefits are determined. Read More

In order to answer that question, we have to know the specific facts of your case. A lot of factors go into the value of a workers’ compensation case.

First of all, money benefits that are paid to you are based on your wages before the accident. That amount is used then to determine both your temporary disability benefits and your permanent disability benefits. Read More

Yes, it can. In order to modify a child custody order, you have to show what’s called a material change in circumstances.

Now, simply stated what that means is something has to happen. An unanticipated change that if the judge or the parties knew about it when they made the original order, they would have decided differently. Read More

Well, it depends on two things.

First of all, who are you suing and second of all, what are you suing them for? If it’s just general negligence and you’re suing a private person or corporation, it’s four years from the date of accrual of the claim or the date of the accident. Read More

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Attorneys in Omaha, NE