Virtual Bankruptcy Representation

The limits of virtual bankruptcy representation in the 9th circuit

Many people can't afford to hire a bankruptcy attorney. As a result, California bankruptcy courts have been overrun with pro se petitions, often fatally flawed leaving indigent filers with dismissed cases and no discharge. To lower costs and make bankruptcy representation more affordable some California bankruptcy attorneys have attempted to provide virtual representation. While many definitions of virtual legal representation exist, the general idea is that the attorney uses technology to replace office visits. In bankruptcy this model would include the use of email, phone and regular mail for attorney-client communication. For instance, http://sacramentolawgroup.com/san-jose-bankruptcy-attorney gives an overview of virtual bankruptcy representation which includes use of online forms and electronic contracts in the bankruptcy process. While this model is acceptable for pre-filing work, virtual representation has a major limitation after filing according to 9th circuit case law.

No virtual representation at the meeting of creditors

If a bankruptcy attorney agrees to represent a client in chapter 7 bankruptcy they cannot exclude representation at the meeting of creditors. In so many words, your bankruptcy attorney must facilitate attorney representation at the meeting of creditors, otherwise known as the 341 meeting. The court in Hale v. Trustee ruled that your attorney's appearance at the 341 meeting is necessary service required to adequately represent you in your bankruptcy case. Therefore, a bankruptcy attorney cannot exclude that service from the scope of their representation, and therefore cannot engage in 100% virtual representation in bankruptcy. In essence, a bankruptcy attorney must make a physical appearance at the meeting of creditors.

How To Stop Foreclosure in Roseville

If you're facing foreclosure in Roseville CA you're not alone. At the peak of Roseville's real estate market home prices were inflated and mortgages easy to secure. Real estate agents sold overpriced homes to highly leveraged buyers. When the Roseville real estate bubble burst many homeowners were highly leveraged. As the economy declined some of these highly leveraged individuals experienced a disruption in income through no fault of their own. With less money these individuals incurred greater debt and fell behind on their massive mortgage payments. As a result, foreclosure greeted many of these homeowners. If you're facing foreclosure in Roseville you have some options. If you don't want to keep the home, but do want to eliminate your liability for the mortgage, chapter 7 bankruptcy can be the right solution. When you file chapter 7 bankruptcy the foreclosure process will temporarily be halted. However, the lender will eventually (normally after a few months) be able to resume foreclosure and sell the house. Fortunately, if they sell the house for less than you owe you will not be liable for the deficiency. In brief, your chapter 7 bankruptcy will have discharged your liability for the mortgage debt. Therefore, you can walk away from the house free and clear. If you want to keep your home you will need to file chapter 13 bankruptcy. After hiring a Roseville chapter 13 bankruptcy attorney you will propose a repayment plan to the court in which you will repay your late mortgage payments over 3 to 5 years. Once you have made all these payments you will no longer be in default and can keep your home after bankruptcy. In so many words, chapter 13 bankruptcy allows you to catch up on your payments while you keep your home. Hence, if you need to stop foreclosure in Roseville but want to keep your home you should file chapter 13 bankruptcy.