Get the financial relief you need with the Law Offices of Carmel Hehr. We represent clients in Chapter 7,11, and 13 bankruptcy filings. Trust us to provide the help you need through this tough time.
Chapter 7 Bankruptcy
Chapter 7 is the most common bankruptcy filed, and is commonly referred to as liquidation. The debtor lists all assets liabilities, income, and expenses. The bankruptcy court then appoints a Trustee to examine the assets and determine if any assets are not protected or exempted, taking legal ownership of excess assets. Non-exempt property is left to the Trustee to sell and distribute to unsecured creditors. The process is quick, but pitfalls abound even in the simplest of cases. Seek advice from an experienced attorney to prepare you for the process.
Chapter 11 Bankruptcy
Chapter 11 is the option used by corporations, partnerships, and individual business owners looking to reorganize and maintain operations. In addition to the voluntary petition, a written disclosure statement and plan of reorganization must be filed. This statement must contain information about assets, liabilities, and business affairs that allow a creditor to make an informed judgment about the plan of reorganization. Chapter 11 bankruptcy is complicated and can take months or years, with continuous monitoring the entire time.
Chapter 13 Bankruptcy
Chapter 13 is considered a "repayment plan", similar to debt consolidation where the debtor sends payments to the Trustee, who distributes payments to creditors. The plan allows debtors with regular income to propose a plan of repayment in part or in full over a period of three to five years.
The debtor's plan must outline their intent and propose an acceptable plan to the court, the Chapter 13 Trustee, and the creditors. The proposed plan of payment must be approved by the court. Chapter 13 has several advantages not available in Chapter 7, allowing the debtor to cure delinquencies in their mortgage, car payments, taxes, and other debts and keep their home, car or other assets. The process is complicated, and only an experienced attorney can help you successfully navigate the court system.
Contact us to dicuss your Chapter 7, 11, and 13 bankruptcy options.