Bankruptcy is a legal process whereby debtors and creditors are able to seek a resolution of a business that is unable to meet its current financial obligations. There are different sections of the Bankruptcy law in the United States, separated into chapters, which govern the procedures by which debtors can wind up their affairs and liquidate or restructuring themselves and their debt. These are commonly referred to as Chapter 7 and Chapter 11 bankruptcy respectively. While federal law governs most of the bankruptcy process, there are also nuances based on State laws. This might involve property exemptions or eligibility requirements themselves. Bankruptcy petitions are filed in Federal bankruptcy courts which are located in various districts depending on which State the debtor resides.
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This is an ATTORNEY ADVERTISEMENT. Sawan PLLC is a law firm with attorneys licensed in Michigan, Ohio and Florida. The information contained on this website is provided for general purposes only and does not apply to your specific factual circumstances in all cases. For us to better understand the particular facts unique to your case, call 419-469-5002 for a free consultation. No attorney-client relationship is created by your use of this website. Sawan PLLC, designated a debt relief agency by an Act of Congress and the President of the United States, proudly assists consumers seeking relief under the U.S. Bankruptcy Code.
Where We Practice
Bankruptcy is a process whereby a debtor can obtain relief in some way from the financial obligations they owe. There are various types of bankruptcy – some involve complete liquidations – and others involve restructuring or reorganization of debts. The principle and policy behind the bankruptcy system is to get debtors a so-called second chance when a set of rigorous legal requirements are met. Those legal requirements are primarily based on the federal bankruptcy code (with some state law overlap). The underlying goal is to make sure debtors are honest, transparent and qualify for bankruptcy. If so, there is a framework in place to facilitate the process of either discharged debt completely or entering into an approved plan to repay debts on different terms than previously accepted.
Areas of Practice
There are a variety of areas of practice when it comes to bankruptcy law. Our bankruptcy attorneys represent clients seeking a wide range of protection under the Bankruptcy code in Michigan and Ohio. Some of the legal services we offer include:
- General Bankruptcy Consultations
- Chapter 7 Bankruptcy
- Chapter 11 Bankruptcy
- Bankruptcy Means Testing
- Taxes in Bankruptcy
- Garnishment Issues
- Creditor Issues
- Bankruptcy Litigation
- Out of Court Restructuring
- Other Bankruptcy Proceedings
Do You Need a Lawyer to File Bankruptcy?
Technically speaking, you do not need an attorney to legally file bankruptcy in the United States. That being said, it is incredible important that you at least consult with a bankruptcy lawyer if you are thinking of filing for bankruptcy. There are a number of reasons why we advise you to do this. The most important is that bankruptcy is a highly technical area of law and if a mistake is made, it can jeopardize your ability to seek the creditor protection involved. In addition, there is an element of state law in most bankruptcies that should be analyzed by a qualified bankruptcy lawyer. This might involve property exemptions or even eligibility to file a particularly type of bankruptcy. There are various other reasons as well. If you’d like to learn more, read this article. Our law firm offers free bankruptcy consultations so give us a call today to see if you need to hire a lawyer.
Are Fraud Judgments Dischargeable in Bankruptcy? Money or services that were obtained by fraud, false pretenses, or false representations may not be dischargeable. 11 USC
Trident Associates and Bad Faith Dismissals of Chapter 11 Petitions in the Sixth Circuit Trident Associates Limited Partnership (“Trident”) is a limited partnership in Michigan.