Our firm represents debtors in Chapter 7 liquidation cases, Chapter 13 reorganizations and Chapter 11 business reorganizations. We counsel individuals as to whether a Chapter 7 liquidation or Chapter 13 reorganization is the most appropriate option for that individual.
Generally, a Chapter 7 filing is most appropriate for individuals who carry mainly credit card debt or back income taxes (that are more than three years old), but are current with their home and car payments. Chapter 7 debtors are statutorily entitled to protect $250,000 in home equity ($500,000 per husband and wife) as well as $4,000 in equity in a vehicle without risk of losing either their house or car.
Chapter 13 reorganizations are utilized primarily by debtors who are delinquent in their mortgage and/or tax payments and are threatened with the loss of their home through foreclosure, or whose income exceeds certain limits based upon household size. This type of filing is also for individuals possessing sufficient income or assets, such that a reorganization of debts through a payment plan of three to five (3-5) years is appropriate.
We have also represented numerous businesses in the filing of Chapter 11 reorganizations. This filing is usually undertaken by a business with short-term unmanageable tax and credit obligations but desires to avoid liquidation.
Our office also has extensive experience in the representation of creditors of debtors who have filed Chapter 7, 11 or 13 petitions. This includes the removal of bankruptcy protection in order to foreclose on property as well as assisting creditors in moving for the rejection or dismissal or proposed plans under Chapters 11 and 13.