We are experienced personal bankruptcy attorneys and litigators. We handle chapter 7, 11, and 13 petition preparation as well as trial level adversarial litigation to include lien strips and student loan hardship discharges. We analyze your case with a bankruptcy as a last resort approach to ensure there are not other option available and to verify that bankruptcy is the best solution or should be part of a hybrid solution. Call today to see how we can help.
We represent consumers and small businesses in filing bankruptcy petitions and in bankruptcy court. We handle simple, no asset cases as well as complex bankruptcies that require litigation or adversary proceedings. Call us for a free consultation to determine if bankruptcy is a good option for you.
As a full-service debt relief firm, bankruptcy is not our go to response or our one size fits all solution. Bankruptcy has severe consequences on your credit score, ability to obtain loans, and cannot be used again effectively for certain periods of time. In effect, it is important to determine the best timing for pushing the “reset button” of bankruptcy and it is not something you want to enter into lightly. However, there are time when bankruptcy is the first and best option. We can help you determine if it is necessary to file and the best time to do so.
Generally, bankruptcy is something you want to have time to prepare for and use strategically to help meet your goals. If you are facing a foreclosure, instead of filing a bankruptcy, you could enter into mediation or look into loan modification options. If you are facing garnishment, you might be able to settle the debt instead. If negotiations go well, a bankruptcy may not be necessary. This allows you to preserve your credit score as well as your ability to file a bankruptcy in the future.
As a full-service debt relief firm, we can help guide you to the most appropriate legal tool in line with your goals. If bankruptcy is the “best choice” for you, we can help.
Chapter 7 bankruptcy is typically for individuals whose income falls below the median income for Washington State. You are able to eliminate most unsecured debt. Unsecured debt is any debt that is not tied to collateral. This means credit cards, medical bills, pay day loans, utility bills, civil judgments, and personal loans can be discharged. Debts that are generally not dischargeable include student loans, fraud, debts arising from criminal acts, and recent taxes.
Chapter 13 bankruptcy is for individuals that make too much money to qualify for a chapter 7 bankruptcy and for those who wish to repay their debts over time. This type of bankruptcy essentially allows you to pay a debt over a period of 36-60 months as opposed to all at once. Chapter 13 bankruptcy provides the ability to stop foreclosure, catch up on missed payments, and repay debts without the threat of garnishment. It is also possible to strip off or remove second mortgages on your primary home.
We offer bankruptcy litigation services. If a creditor violates your rights under the bankruptcy code, we can litigate these violations inside your bankruptcy case to obtain relief and possibly damages. Additionally, we can strip off second mortgages on your home through an adversary proceeding in a chapter 13 bankruptcy.
We can file an adversary proceeding to attempt to discharge your student loans. Prior to your consultation on this, it is helpful to review a case called In Re Bruner, which goes over the four factor test, though we will go over each factor with you to see if you qualify. While student loans are not impossible to discharge, they are not easy. In many instances though, simply filing the adversary proceeding can result in a settlement where 1/3 to 1/2 of your loan is knocked off and a flat fee amount on a fixed 15 year loan (give or take on the terms). Even if you don’t qualify, a chapter 7 can discharge other debts to free up the cashflow to pay your loans and a chapter 13 can amortize late payments or allow a best efforts plan where you only pay what you can without being garnished. Call today to discuss your options.
If a creditor violates your rights in bankruptcy, we can file a motion for contempt against the creditor. We can do this during your case if a creditor continues to collect debts included in your bankruptcy petition. We can also re-open your bankruptcy and file a contempt motion if a creditor tries to collect debts discharged in a previous bankruptcy (“zombie debt”) or after your current bankruptcy is discharged.
If you suspect that a creditor claim may be fraudulent, we can object to the creditor’s claim. This is appropriate when there is doubt that the creditor is the actual entity that holds your debt. You can force that creditor to produce the promissory note obligating payment. This strategy is also known as “produce the note” litigation. Objections to claims are also appropriate when it appears the accounting is fraudulent or incorrect.
Having both creditor and debtor experience means that we have objected to discharge (successfully) and have defended our clients against objctions to discharge (successfully as well). We have also negotiated settlement with no admission of liability on a non-dischargeable basis for those with license, security clearance, and morality clauses to consider. Each case is fact specific, so we cannot guarantee your facts can be defended, but we can guarantee a thorough analysis and range of options from fighting to settling.
If you believe bankruptcy might be necessary or if you would like to speak with an attorney, call our office for a free initial phone consultation.
