Bankruptcy

bankruptcyYou deserve experienced representation in your bankruptcy case.

We provide you counsel for bankruptcy cases at a reasonable cost using state-of-the-art software and electronic filing.

We offer legal representation for both Chapter 7 and Chapter 13 Bankruptcy.

In Chapter 7, the debtor’s assets are secured by the trustee for liquidation and distribution to creditors. The debtor has the right to retain certain exempt property and secured creditors may have additional rights. In most Chapter 7 cases, there is little or no nonexempt property, so there is generally not an actual liquidation of the debtor’s assets. Generally, a Chapter 7 discharge releases individual debtors from personal liability for most debts and prevents creditors owed these debts from taking any collection actions against the debtor. In order to qualify for relief under Chapter 7, a “means test” is applied to determine if the debtor’s income is under certain threshold limits. If not, the debtor may not be eligible to file under Chapter 7.

A Chapter 13 Bankruptcy allows the debtor to propose a “plan” to repay creditors over a period of time, usually three to five years, and allows a debtor to retain other assets with value in addition to exempt property. Chapter 13 is also used by consumer creditors who do not qualify for Chapter 7 relief under the “means test.” If the debtor’s “plan” is approved, the debtor makes payments to the creditors, through the trustee, for the life of the plan. A discharge is not received until the payments under the plan have been completed.

Don’t get swept up in a complicated bankruptcy case. We’ll handle it for you.

If you are considering filing for Bankruptcy, please contact us to schedule an appointment. In order to assess your filing eligibility, and to make the most productive use of time, we ask that you gather and bring the following information with you to your initial consultation:

  • A list of all creditors and the amount and nature of their claims. (Copies of most recent account statements or statements printed from online access)
  • Pay stubs for the previous six months and any other evidence of income for the previous six months.
  • A list of all of the debtor’s property and approximate values.
  • A detailed list of the debtor’s monthly living expenses, including food, shelter, utilities, taxes, transportation, medical, etc.
  • Tax Returns for previous two years.