BANKRUPTCY

 Firm attorneys handle the client’s bankruptcy case from start to finish. For the well-prepared and confident client, firm attorneys will limit representation to preparation of bankruptcy filing documents only, at a reduced fee.

We file personal, business (sole proprietor), and corporate Chapter 7 cases (though there are often better ways to liquidate a small business than bankruptcy), corporate Chapter 11 cases, and personal Chapter 13 cases. We analyze client debts, assets, income, tax status, and other financial information to help determine whether Chapter 7, Chapter 11, or Chapter 13 is best for the client, or whether a non-bankruptcy solution is best. We advise on the benefits and drawbacks of each chapter. We advise the client on the actions that the client himself or herself must take, such as the pre-filing credit counseling requirement, the post-filing debtor education requirement, and the meeting of creditors requirement.

We help the client strategically time bankruptcy; exercise exemption rights, redemption rights, and reaffirmation rights (rarely advisable); void preferences and liens; and decide upon a joint or single filing, and whether at the same or different time; deal with (usually) non-dischargeable debts such as drunk driving damages and study loan obligations; deal with priority and non-priority debt; develop Chapter 13 plans; and respond to debtor claims, objections to discharge, and trustee concerns.

We complete each and every form for the client, including the bankruptcy petition, statements about eviction (if applicable), declaration about schedules, asset and liability summary, personal property schedule, real property schedule, exemption schedule, scheduled of secured creditors, schedule of unsecured creditors, schedule or executory contracts, schedule of unexpired leases, schedule of co-debtors, income schedule, expense schedule, statement of financial affairs, statement of intention, Chapter 13 plan (if applicable), Chapter 7 statement of current monthly income (if applicable), Chapter 7 means test calculation (if applicable), Chapter 13 statement of current monthly income (if applicable), Chapter 13 means test and commitment period calculation (if applicable), Chapter 13 calculation of disposable income, proof of claim (if appropriate); and other forms.

We work on the cutting edge of bankruptcy law, and we do far more than the typical bankruptcy attorney and we do far more than simply file bankruptcy forms. In the right bankruptcy case, we can sue your creditors and put money in your pocket for violations of your rights under various state and federal consumer protection laws; if you are willing to give up your mortgaged home, we can help you stay in that home rent-free for as long as possible (sometimes years); if appropriate, file a proof of claim on behalf of your creditors (a cute but very effective technique that unfortunately not many attorneys use); and, in the right case, we will take on the two creditors that most attorneys are afraid to touch: we will take on the IRS to cancel and discharge your taxes, and we will take on your student loan lenders to cancel and discharge your student loans. We also accept clients who run business as sole proprietors, cases which are too small for corporate bankruptcy attorneys and too complex for most consumer bankruptcy attorneys.

In sum, we use bankruptcy law to cancel as much of your debt as the law allows and help you walk away with as much of your property and with as much money as the law allows.

 

Bankruptcy Resources:

  • Bankruptcy Official Forms
  • The Bankruptcy Code
  • Federal Rules of Bankruptcy Procedure
  • Notices
  • Exemptions
  • What Not to Do If You Are Thinking of Bankruptcy
  • Get Started Now for Free
  • Limited Scope Representation