Filing for bankruptcy can be a challenging and emotional experience, but with the right legal help, it becomes a more manageable process. A bankruptcy attorney plays a pivotal role in guiding individuals through Chapter 7 or Chapter 13 bankruptcy filings. Understanding the role of a bankruptcy attorney in each type of filing is essential for anyone considering these options. In this article, we’ll explore how an attorney helps clients navigate both Chapter 7 and Chapter 13 bankruptcies.

Understanding Chapter 7 and Chapter 13 Bankruptcy
Before diving into the attorney’s role, it’s crucial to understand the key differences between Chapter 7 and Chapter 13 bankruptcy:
- Chapter 7: Also known as “liquidation bankruptcy,” Chapter 7 is designed for individuals who cannot repay their debts and meet the eligibility criteria based on their income and financial situation. In this process, non-exempt assets are liquidated to repay creditors, and most unsecured debts are discharged.
- Chapter 13: This is a reorganization bankruptcy option, where individuals with a steady income can create a repayment plan to pay off a portion of their debts over three to five years. After completing the repayment plan, any remaining eligible debts are discharged.
The Role of a Bankruptcy Attorney in Chapter 7 Filings
A bankruptcy attorney plays an essential role in Chapter 7 filings by ensuring the process is handled correctly and that clients receive the maximum benefit. Here are the key functions of an attorney during a Chapter 7 bankruptcy:
1. Assessing Eligibility for Chapter 7
The first step in any bankruptcy filing is determining eligibility. Chapter 7 bankruptcy is only available to individuals whose income is below the median income for their state. A bankruptcy attorney will assess your financial situation, including your income, assets, and liabilities, to determine whether you qualify for Chapter 7. They’ll help you complete the means test, which compares your income to the state’s median and decides whether you’re eligible for Chapter 7 bankruptcy.
2. Explaining the Bankruptcy Process
Filing for Chapter 7 bankruptcy involves complex legal procedures. A bankruptcy attorney will explain each step of the process to ensure you understand what will happen before, during, and after the filing. They will inform you about the automatic stay, which stops creditors from pursuing collection efforts once the bankruptcy is filed.
3. Filing the Bankruptcy Petition
Filing a bankruptcy petition requires submitting detailed documentation, including information about income, debts, assets, and financial history. A bankruptcy attorney will assist in preparing the petition and supporting documents, ensuring everything is complete and accurate. This will help avoid delays or complications in your case.
The Role of a Bankruptcy Attorney in Chapter 13 Filings
Chapter 13 bankruptcy is more complex than Chapter 7 because it involves creating a repayment plan to address debts over time. Here’s how a bankruptcy attorney helps with Chapter 13 filings:
1. Determining Eligibility for Chapter 13
To file for Chapter 13 bankruptcy, you must have a regular income and meet specific debt limits set by the court. A bankruptcy attorney will evaluate your finances, including income, secured and unsecured debts, and other financial obligations, to determine whether Chapter 13 is a suitable option for you.
2. Creating a Repayment Plan
One of the key components of Chapter 13 bankruptcy is the repayment plan. A bankruptcy attorney will work with you to create a plan that is fair and feasible, ensuring it complies with bankruptcy law. The attorney will calculate how much of your unsecured debts you can afford to repay based on your income and expenses and will present the plan to the bankruptcy court.
Conclusion
Whether you are filing for Chapter 7 or Chapter 13 bankruptcy, a qualified bankruptcy attorney is essential to ensuring that the process goes smoothly. From assessing eligibility to representing you in court, the attorney’s expertise and support can make a significant difference in the outcome of your case. If you are considering bankruptcy, it’s important to consult with an experienced attorney who can help you understand your options and guide you through the process.