Chapters 7, 13, 11

Chapter 7 is traditional bankruptcy not involving a pay-back of debts. Not everyone qualifies for Chapter 7. Qualification is based on income. The test is complex. In general, persons with incomes at or below median income for your state and family size qualify. Chapter 13 is a type of bankruptcy for individuals involving a pay-back of all or part of your debts to your creditors through a plan administered by the Chapter 13 trustee. In most cases your takehome pay needs to be greater than your living expenses [rent/mortgage, food, insurance, utilities, gasoline, transportation, etc.] in order for a Chapter 13 plan to work. Chapter 11 is also a payback plan designed primarily for businesses. It is complex and expensive.

We analyze whether a bankruptcy filing is right for you. If it is, we make a determination of which chapter or chapters appear appropriate for you. On selection of a particular chapter we analyze the eligibility and feasibility requirements in light of your specific situation to see whether this chapter really is right for you.

Adversary Proceedings

We handle adversary proceedings such as defense of nondischargeability cases. For example, if you are the debtor [the one filing the bankruptcy case], a creditor might bring a proceeding to determine whether his particular debt should not be discharged. There are limited grounds upon which a creditor can do this. We are experienced in handling adversary proceedings which are separate formal court cases in the U.S. Bankruptcy Court.

Creditor Representation

If you are a creditor we can assist you with filing claims in bankruptcy cases. If you are a secured creditor [a creditor with a lien on specific property of the bankrutpcy debtor], in some circumstances in may be appropriate to file a motion for relief from the automatic stay to enable you to pursue your legal remedies. If you are a creditor who was paid by the debtor within the 90-day period before the bankruptcy case was filed, and the bankruptcy trustee is seeking to get that payment back from you as a “preferential transfer” we can assist with defense of such proceedings.