We focus our practice in the following areas of law:
     
      Consumer Chapter 7 Bankruptcy
      Consumer Chapter 13 Bankruptcy
      Fair Debt Collection Practices Act Violations

Bankruptcy: Chapter 7 Information

Chapter 7 bankruptcy is simply the bankruptcy trustee’s liquidation of the debtor’s non-exempt assets and subsequent use of the proceeds from the liquidation to pay the debtor’s un-secured creditors such as credit card companies.  Because of the various available property exemptions, most people filing a Chapter 7 case do not actually lose any of their property and still receive a discharge of their debt. 

The typical chapter 7 case takes about 4 months to complete and receive a discharge, and the debtor is usually only required to make one appearance at the federal courthouse for what is commonly known as a “meeting of the creditors”…also known as the 341 meeting.  This meeting is not in front of the bankruptcy Judge, in fact the Judge is prohibited from attending. 

The meeting usually lasts between 3 to 5 minutes and is merely an opportunity for the bankruptcy trustee to ask the debtor questions about the documents filed with the debtor’s bankruptcy petition and for creditors to question the debtor…though creditors rarely ever actually attend 341 meetings in a consumer chapter 7 case.  In the typical case, 90 days after the 341 meeting the debtor receives a bankruptcy discharge.

Bankruptcy: Chapter 13 Information

A Chapter 13 case, also known as a “wage earners” case, allows a debtor to keep all property, regardless of available exemptions, and provides for the debtor to pay their creditor’s claims through a payment plan lasting either 3 or 5 years.  In cases where the debtor does not have significant non-exempt property, the unsecured creditors will only receive a slight portion of their claims if anything at all.  At the conclusion of the Chapter 13 payment plan, the debtor receives a discharge of the debts included in the bankruptcy. 

Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, a Chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time.

Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers.

Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.

Fair Debt Collection Practices Information