For All Clients: realistic strategies and options.
For Debtors: pre-bankruptcy planning, counseling on Chapter 7, 11 and 13 options, and representation by an attorney throughout the bankruptcy process.
Chapter 7: Commonly known as liquidation. In Chapter 7, the debtor lists all assets and all debts. Once the bankruptcy is filed, a Chapter 7 trustee is appointed to liquidate any non-exempt assets for the benefit of creditors. Individuals are eligible for a discharge.
Chapter 11: Commonly known as reorganization. In Chapter 11, in addition to listing all assets and debts, the debtor must file a disclosure statement and plan usually within four months of filing. The debtor remains in control of its assets during the bankruptcy process. The debtor can propose either a reorganization or liquidation plan.
Chapter 13: Commonly known as the wage earner reorganization. Chapter 13 is available only to individuals who have less than a statutory amount of secured and unsecured debt. A Chapter 13 trustee is appointed when the case is filed. The debtor must have disposal income to fund a Chapter 13 plan and must start plan payments within 30 days of filing bankruptcy. Among other things, the Chapter 13 trustee administers the plan payments.
For Creditors: Present the options available for creditors in Chapter 7, 11 and 13 bankruptcies and strategies to implement the goals of the particular creditor.
To schedule a free half hour consultation, please contact me at (541) 779-4912.