How to Commence a Bankruptcy Process- a Lawyer Tells

When a debtor files for bankruptcy protection, they are indicating that they can no longer pay their creditors. To start the bankruptcy process, a creditor will send a Notice of Bankruptcy to the debtor. This is the first step toward filing for bankruptcy protection. At the first meeting with the trustee, the debtor and their attorneys will discuss how to divide up the debt amongst the two. Click here to get a free consultation with a great bankruptcy lawyer.

Once the official bankruptcy forms have been filed, it is important to remember that a discharge in bankruptcy does not absolve the debtor of their debts. Discharge only gives the power of payment to the discharged individual. Creditors are still responsible for collecting the outstanding debts, as well as the late fees and penalties. When a discharge is filed, most creditors will cease collection activities and refer the matter to the Office of the Superintendent of Bankruptcy. When this occurs, collection activities cease as well.


The next step involves the petition. This is where the information provided by the debtor and their attorneys is used to gather the necessary information to file the petition. The petition must be filed in the appropriate court where the bankruptcy has been filed. Most counties will have a special county office for this purpose. The clerk who receives the petition must then enter the petition information on the appropriate forms and then send it to the court.


After receiving the petition, the judge will then give the petitioner a chance to respond to the complaint. If the petitioner objects to some aspect of the bankruptcy, they must do so in writing. However, if the complaint relates to minor mistakes, the judge may choose to ignore the objection and allow the proceeding to continue. On the other hand, if the petitioner agrees to a settlement, the case will move forward.


Once all of the paperwork has been filed with the court, an official hearing on the bankruptcy petition will take place. At this time, a trustee will attend the hearing and explain the entire proceedings of the case. Generally, the judge will then make his decision and either approve or deny the petition. If the debtor and their attorneys are agreeable to the terms of the agreement reached, a temporary name will be given to the debtor and they can begin rebuilding their lives.


bankruptcy attorneyIf an involuntary bankruptcy petition filing has been done, the results can and will be different than expected. Depending on the type of bankruptcy involved, the outcomes can vary greatly. Creditors are generally opposed to voluntarily petition filing as they feel that the original debts should be paid in full. However, if a lender is convinced that the debtor has suffered substantial damage and the only option left open is bankruptcy, he may end up allowing the debtor to file for protection from the creditors.


Law 101- Understanding Proceedings in Probate and Guardianship

Probate is the court that supervises the distribution of a deceased person’s property after his or her death. The deceased person’s will is then confirmed by the probate court, and the court then issues a probate court order allowing the distribution of the deceased person’s estate. Once the probate court determines who will administer the estate, a Probate Application Form is completed and must be submitted with the appropriate fees to the Probate Court before the estate can proceed.

The Probate Application includes the name of the deceased person, the date of death, last known address, personal information, heirs’ information, reasons for the petition, names of agents, and other required information. The Probate Application is also filed with the decedent’s personal representative. For more about this, visit

Probate is not the same as being intestate. Although intestate law is a part of probate, the Probate Court typically allows estates to be distributed “pursuant to the exercise of powers conferred upon the Probate Court,” which typically means that the decedent had the ability to decide who would administer the estate prior to his or her death. Although the Probate Court does have the authority to act in behalf of the decedent, it does not have the authority to give final say on issues such as who should pay funeral expenses, manage estate assets, or determine how the deceased person’s property should be transferred to beneficiaries. In cases where there is a question as to who should make these decisions, the Probate Court may appoint an estate planner or personal representative appointed by the Probate Court. There are many Probate Attorneys available in San Diego.


Probate attorneys represent the interests of individuals who have been assigned the responsibility of handling their estates following the death of their owner. Probate involves many complex questions and the final answer may come from an attorney who has been appointed to represent that interest. In many instances, a probate application can be the first step in receiving answers to questions regarding how to deal with the estate of someone who has died. Probate attorneys are qualified to provide this type of legal assistance, and in most areas, they retain these qualifications even after a probate hearing has been completed and a decision has been reached regarding the probate.


Estate planning is not a simple task. Probate court permits a probate application to be filed if there is to be a meeting of the estate for which there will be no representatives. If this is the case, the applicant must provide documentation outlining the details of the decedent’s will and also must provide letters from important people that have been designated as agents for the decedent. These documents should include the Probate Court’s agent and should be signed by the Probate Court clerk. It is not uncommon for probate applications to be required before minor decisions regarding the estate can be made.


Probate attorneys can often provide more detailed answers to questions regarding how to handle the estate of a person who has passed away. Probate attorneys may be called on to assist in wills, to negotiate the settlement of estates, to decide on the division of property and other concerns regarding the administration of probate. Probate is the proper term for the process that occurs after the death of an individual. The court may appoint an administrator or a financial advisor to oversee the probate proceedings and to make decisions about the decedent’s property and other affairs.


Even if the Probate Court does not issue an estate plan or Probate Appraisal, it may still be possible to sell some or all of the estate for a settlement. If the decedent did not make a Will, his/her estate may be subject to Probate Appraisal. Probate attorneys can provide information about Probate and the assets that may be required for a settlement. Probate may be the proper term to describe the entire process of handling an estate following the death of a senior citizen.