If your debts have become unmanageable, discharging them through a bankruptcy proceeding may be your best option. The Marcus Family Law Center can help you with your bankruptcy, ensuring that the process is done efficiently and by the rules to minimize your troubles during and after the proceedings. We represent clients at every step of the bankruptcy process, from preparing and filing the petition, to attending the creditors meeting and responding to any objections and challenges to the discharge.
Chapter 13 Bankruptcy
Under Chapter 13 of the Federal Bankruptcy code, you can use your income to pay debts over a three-to-five-year period. This is called a reorganization bankruptcy. The Marcus Family Law Center can help you develop your payment plan and identify which debts should have priority over others. We can also help you in the event that you become unable to maintain your payments during the period of repayment.
Chapter 7 Bankruptcy
In the event that your debt burden is too high or your income is too irregular or low, you can file a Chapter 7 or “straight” bankruptcy, under which some or all of your debts can be discharged and your property may be sold to cover the remainder. The Marcus Family Law Center can help you determine which debts are dischargeable and which properties are exempt from sale.
An adversary proceeding in bankruptcy is a lawsuit filed within your bankruptcy case by you, the bankruptcy trustee or a creditor. It remains a part of your bankruptcy case, but it has its own separate case number, and you may retain a different attorney. The purpose of an adversary proceeding is to obtain some form of relief that requires a judge’s attention and cannot be accomplished in the original bankruptcy through a court motion. It is usually filed by a bankruptcy trustee who feels a bankruptcy was done improperly. The Marcus Family Law Center can help you if you are in the midst of an adversary proceeding; we can also work to ensure that your chances of being sued in an adversary proceeding are kept to a minimum.