You Need a Bankruptcy Attorney

An enormous amount of information needs to be gathered and organized in order to file for bankruptcy.  All of this information needs to be taken into account when planning and making decisions about your bankruptcy.  "Winging it" and hoping for the best is a very dangerous strategy.  Keep in mind that the bankruptcy Trustee is not on your side.  The U.S. Trustee is not on your side.  The bankruptcy judge is not on your side.  Your creditors are not on your side.  The I.R.S. is certainly never on your side.  All of these parties are looking for mistakes in your bankruptcy case.  All of these parties may have a hand in preventing you from discharging certain debts, and they may even try to have your case kicked out of bankruptcy.

Mistakes can cost you money.

Mistakes put your family, your money and your property at risk.

Don’t Make Mistakes. Get an Attorney.

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It is unrealistic to think that you can read a self-help manual and then be able to obtain a bankruptcy discharge without any problems.  Filing bankruptcy requires specialized knowledge of federal and state statutes, court cases, various rules of procedure, experience in negotiating with creditors, as well as attention to countless other details.  The money you spend now to hire a qualified attorney is well worth the peace of mind you will gain.  Hiring an attorney may cost a little more now, but it will probably save you thousands of dollars in costly mistakes, and save you from countless hours of work and worries. 

Every person, couple, family or business has a different and unique set of problems. Contacting an attorney is the only way to get a realistic idea of what your options are. Even if you decide not to use my services, I highly recommend that you speak to an Attorney before filing for bankruptcy.

 I would appreciate the opportunity to talk and work with you in order to help you reduce or eliminate your debt burden through bankruptcy.

Filing for Bankruptcy: Chapter 7 & Chapter 13

Please realize that the following information is not intended to be a detailed explanation of bankruptcy law. Rather, it is a general overview of the bankruptcy process.

There is no substitute for talking with an attorney about your specific issues.

Please call me if you have a question about bankruptcy.

Call Toll Free: 1-866-529-6246

Bankruptcy is a legal process that may reduce or eliminate some or all of your debt obligations. The two most common forms of bankruptcy are Chapter 7 and Chapter 13.  A bankruptcy case begins by filing a voluntary petition with the Bankruptcy Court in the district where you live.

Automatic Stay

Generally soon as you file for bankruptcy, the Automatic Stay will protect you.  The Automatic Stay in bankruptcy stops creditors from collecting the debts you owe and from taking your property.  Once you file for bankruptcy, your creditors are not allowed to: make demands for payment; proceed with lawsuits or foreclosures; continue wage garnishments; or, repossess your property.

Creditors’ Meeting

A hearing known as the Meeting of Creditors, which is also called a 341 Hearing, is usually scheduled about 30 days after filing the bankruptcy petition.  A Bankruptcy Trustee conducts the 341 meeting.  During the 341 hearing, your creditors and the Trustee can ask you questions under oath in order to examine your claimed exemptions and to determine what property and assets you own that may be available to pay your debts.  In many circumstances the meeting of creditors will be your only formal contact with the Bankruptcy Court.

Chapter 7 Liquidation

Chapter 7 is generally the best solution to overwhelming debt problems, but
the law currently limits who can file for bankruptcy under Chapter 7 based upon your income.  A successful Chapter 7 bankruptcy prevents creditors from collecting on debts created before the bankruptcy petition is filed.  A Chapter 7 bankruptcy will also dissolve most involuntary liens such as judicial liens, but bankruptcy will not destroy voluntary liens such as a mortgage, car title or UCC filing, as these consensual liens survive bankruptcy.  You should also realize that bankruptcy law may give special consideration to certain tax debts or lawsuits.  Chapter 7 proceedings are generally completed within 4-6 months, but the time and process may vary depending on the facts of your case.

Chapter 13 Reorganization

Chapter 13 bankruptcies allow you to opportunity to come up with a plan to modify your existing debts and help you shield any property that you want to keep, but you generally need to have regular income from a job or business.  A successful Chapter 13 bankruptcy will stop or delay foreclosures and repossessions, and will extend the amount of time you have to pay your debts.  Depending upon your income and circumstances, a Chapter 13 plan can provide for full repayment of some or all of your debts.  Alternatively, you can propose a plan that will only pay back a certain percentage of some of your original debts, which usually only amounts to pennies on the dollar.  How a Chapter 13 plan is drafted will depend upon your specific situation and needs.  Chapter 13 cases usually take 3-5 years to complete. 

Call Toll Free: 1-866-529-6246