At Sussman & Associates we can advise whether bankruptcy is right for you as an individual or as a company, suggest which chapter to file under, and how to maximize your exemptions under the law. Filing for bankruptcy involves numerous legal details, and at Sussman & Associates, our Newport Beach Real Estate Attorneys will find the perfect solution and provide the most painless experience possible to your financial troubles. Whether you need legal advice or action, we are here to represent you and your unique needs. Contact us today to schedule an appointment.
Chapter 7 bankruptcy is a liquidation proceeding available to consumers and businesses. Those assets of a debtor that are not exempt from creditors are collected and liquidated (reduced to money), and the proceeds are distributed to creditors. A consumer debtor receives a complete discharge from debt under Chapter 7, except for certain debts that are prohibited from discharge by the Bankruptcy Code.
Chapter 12 allows a family farmer or a fisherman to file for bankruptcy, reorganize its business affairs, repay all or part of its debts, and continue operating.
Chapter 9 bankruptcy is a reorganization bankruptcy that allows the municipality to draft a plan to reorganize its debt and repay creditors, often at a discount. It gives cities, towns, counties, and other public districts protection from creditors while allowing the municipality to pay back debt through a repayment plan.
Chapter 13, often called wage-earner bankruptcy, is used primarily by individual consumers to reorganize their financial affairs under a repayment plan that must be completed within three or five years. To be eligible for Chapter 13 relief, a consumer must have regular income and may not have more than a certain amount of debt, as set forth in the Bankruptcy Code.
Chapter 11 bankruptcy provides a procedure by which an individual or a business can reorganize its debts while continuing to operate. The vast majority of Chapter 11 cases are filed by businesses. The debtor, often with participation from creditors, creates a plan of reorganization under which to repay part or all of its debts.
Chapter 15 is generally supplementary to a primary case or proceeding commenced in a debtor's home country. One of the primary goals of this chapter is to encourage cooperation and communication between the courts of the United States and parties in interest and foreign courts and parties in interest in cross-border cases.
CHAPTER 7 RETAINER
Sussman & Associates agrees to represent the client in a Chapter 7 bankruptcy proceeding.
Client agrees to pay to a flat, non-refundable fee of $2,500.00 for the work to be performed by Sussman & Associates.
The fee shall be paid in two installments, the first installment of $1,000.00 is to be paid upon execution of retainer agreement and $1,500.00 prior to filing the petition.
Retaining fee covers the following services:
- Analysis of debtor’s financial situation
- Advising on whether to file a petition
- Preparation of petition, schedules & statement of affairs
- Representation at the creditors hearing
- Negotiating any reaffirmation agreements
No claim settlement or reaffirmation agreement shall be made without consent of the client.
The retainer agreement does not include or anticipate any motion work, adversary litigation in the bankruptcy court or appellate work on behalf of Attorney, including notice of Appeal.