Chapter 13 – Bankruptcy

C hapter 13 is typically designed for an individual debtor who has a regular source of income. Chapter 13 is preferable to Chapter 7 when it might it enables the debtor to keep a valuable asset the he or she might otherwise lose in Chapter 7. A debtor in chapter 13 is able to propose a “plan” to…

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Chapter 11 – Bankruptcy

T he process of filing a Chapter 11 and obtaining confirmation of the debtor’s Chapter 11 Plan can be quite complex and costly. Accordingly, most Chapter 11 bankruptcy cases are filed by business entities. However, individuals are not precluded from seeking Chapter 11 relief, and in appropriate cases – usually involving individuals with large liabilities…

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Chapter 7 – Bankruptcy

A chapter 7 bankruptcy case does not involve the filing of a plan of repayment like a reorganization Chapter 11 or Chapter 13. Instead, the bankruptcy trustee is assigned to the case and his/her job is to gather and liquidate the debtor’s nonexempt assets to pay creditors. The Bankruptcy Code will allow the debtor to keep certain “exempt”…

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Non-Dischargeability Actions

A n adversary proceeding is a lawsuit that is part of a bankruptcy case. Most cases do not involve an adversary proceeding because adversary proceedings are not necessary to obtain a discharge. A creditor can file an adversary proceeding against a debtor to attempt to exclude its debt out from the debtor’s discharge. If the…

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Bankruptcy Basics

B ankruptcy is a proceeding in which a court administers the estate (the property and other assets) of a debtor for the benefit of creditors. A debtor (a person or business who owes money to others) may choose to file a bankruptcy proceeding to resolve a hopeless financial situation, or to stave off the collection of debts for a…

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Discharge Taxes

T he ability to discharge a tax in bankruptcy, and the selection of the proper bankruptcy chapter, is primarily determined by four dates: the last date on which the taxpayer’s return was due for the year of the delinquent tax; the date the taxpayer actually filed the applicable return; the date the tax in question was…

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Litigation

Litigation

A rboleda Brechner services its client’s litigation, trial, and appellate needs by relying on a common-sense approach to dispute resolution. Recognizing that the demand on resources pressed by the mere filing of a case can have a significant effect on the profitability or viability of a company, an entrepreneur, or a family, our Firm prides…

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