BANKRUPTCY SITE
Debtors - You have come to our web site because you
are having financial problems:
- Do you owe more than you can pay?
- Are you are having trouble paying credit card,
medical, or other bills?
- Is a lender threatening to foreclose on your home
or other real property?
- Are you are behind on your car payments?
- Are creditors phoning, dunning, threatening or
suing you?
- Do you need to stop creditors from taking action
against you?
- Do you need to discharge debts?
You want to know if declaring bankruptcy is appropriate
for you, what choices and options you have, what will
happen if you do declare bankruptcy and what may happen
if you do not.
You want to talk to an experienced bankruptcy lawyer
experienced in bankruptcy and financial problems and
get professional legal advice.
Perry D. Monioudis, Esq. from The law firm of Cohn
& Monioudis, P.A. has been representing clients
in bankruptcy cases since 1990.
- Creditors - You have come to our web site because
the following applies to you:
- Are you owed money by a person or business which
has filed bankruptcy?
- Do you need relief from the bankruptcy automatic
stay so you can foreclose, repossess, sue the debtor?
- Do you need to sue or take other legal action to
seek to keep debts owed you from being discharged
in bankruptcy?
- Do you need to file a proof of claim in a bankruptcy
case?
- Do you need advice on bankruptcy time limits applying
to creditors, and on how to act timely to avoid losing
your rights as a creditor?
- Have you been sued in a bankruptcy case (adversary
proceeding)?
DEBTOR SERVICES
Legal Representation for DEBTORS include:
Chapter 7 (Liquidation)
Bankruptcy Cases
- Preparing and filing the Chapter 7 bankruptcy petition,
schedules, statement of financial affairs and other
required pleadings.
- Representing you at the creditors meetings where
the Chapter 7 Trustee appointed to your case asks
you questions about your assets and liabilities.
- Defending debtors against creditors or trustees
who sue debtors to have debts declared "nondischargeable,"
or who seek to have the Bankruptcy Court deny the
debtor any discharge.
- Our prices are reasonable and competitive, and
our your first consultation is free! Call today for
your initial consultation.
Chapter 13 (Individual
Reorganization) Bankruptcy Cases
- Preparing and filing the Chapter 13 bankruptcy
petition, schedules, and other required pleadings.
- Preparing and filing the Chapter 13 plan for Repayment.
- Representing you at the creditors meetings where
the Chapter 13 Trustee appointed to your case asks
you questions about your assets, liabilities, and
ability to make Chapter 13 plan payments.
- Representing you at all Chapter 13 plan confirmation
hearings held in Bankruptcy Court.
- Our prices are reasonable and competitive, and
your first consultation is free! Call today for your
free consultation.
Chapter 11 (Reorganization)
Bankruptcy Cases
- Preparing and filing the Chapter 11 bankruptcy
petition, schedules, and other required pleadings.
- Preparing and filing the required Chapter 11 Disclosure
Statement and Chapter 11 Plan.
- Representing the debtor at the "341a"
and other meetings with the U.S. Trustee.
- Assisting the debtor with all financial reporting
(operating reports and interim statements) required
by the U.S. Trustee.
- Representing the debtor at all Bankruptcy Court
hearings.
CREDITOR
SERVICES
Legal Representation for Creditors Include the following:
- Preparing and Filing proofs of claims for CREDITORS;
opposing Motions objecting to CREDITOR'S proofs of
claim
- Representing CREDITORS for unpaid alimony or unpaid
child support
- Filing Relief from Stay Motions for CREDITORS so
that secured creditors can proceed with foreclosure
on real property and repossession and sale of secured
collateral, and/or can proceed with lawsuits in State
Court
- Representing CREDITORS in objecting to confirmation
of debtors' proposed Chapter 13 and 11 plans
- Representing CREDITORS in bringing adversary proceedings
against debtors, including seeking to keep debts from
being discharged in bankruptcy and seeking to deny
a debtor from receiving a discharge
- Defending creditors in preference, fraudulent conveyance,
and other actions brought against creditors by bankruptcy
Trustees in Chapter 7 or 11 cases, and defending creditors
in such adversary proceedings
BANKRUPTCY INFORMATION
SHEET
BANKRUPTCY LAW IS FEDERAL LAW. THIS PAGE GIVES YOU
SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN A BANKRUPTCY
CASE. THIS INFORMATION HERE IS NOT COMPLETE. PLEASE
CONTACT OUR OFFICE SHOULD YOU HAVE ANY QUESTIONS CONCERNING
THIS INFORMATION.
WHEN YOU FILE BANKRUPTCY:
You can choose the kind of bankruptcy that best meets
your needs:
- Chapter 7 - A Trustee is appointed to take over
your property. Any property of value will be sold
or turned into money to pay your creditors. You may
be able to keep some personal items possibly real
estate depending on the law of the state where you
live.
- Chapter 13 - You can usually keep your property,
but you must earn wages or have some other source
of regular income and you must agree to pay part of
your income to your creditors. The Court must approve
your repayment plan and your budget. A Trustee is
appointed and will collect the payments from you,
pay your creditors, and make sure you live up to the
terms of your repayment plan.
- Chapter 12 - Like Chapter 13, but it is only for
family farmers.
- Chapter 11 - This is used mostly by businesses.
In Chapter 11, you may continue to operate your business,
but your creditors and the Court must approve a plan
to repay your debts. There is no trustee unless the
Judge decides that one is necessary; if a trustee
is appointed, the trustee takes control of your business
and property.
If you have already filed bankruptcy under chapter
7, you may be able to change your case to another chapter.
Your bankruptcy may reported on your credit for as
long as ten years. It can affect your ability to receive
credit in the future.
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