Bankruptcy

Personal Bankruptcy

Chapter 7

Chapter 7 bankruptcy is often referred to as a traditional bankruptcy or liquidation. Filing a Chapter 7 bankruptcy can stop pending lawsuits, wage garnishments, creditor levies, sheriff’s sale, and imminent repossessions. Chapter 7 bankruptcy allows an individual to discharge many unsecured debts, including credit card debt, medical bills, certain tax debts and unsecured judgments. A trustee is appointed in all Chapter 7 cases. Most Chapter 7 cases only last a few months. Contact Leighton Law Group to determine whether you qualify for a Chapter 7 bankruptcy and, if so, how Chapter 7 can give you a fresh start.

We are a debt relief agency. We assist people in filing for bankruptcy relief under the Bankruptcy Code.

Chapter 11

Chapter 11 is most often used by individuals to reorganize when their debts and/or income are too high and they are not eligible for relief under Chapter 7 or Chapter 13. Chapter 11 has several key advantages. For example, the automatic stay bars many collection actions by creditors. In addition, subject to certain conditions, a Chapter 11 debtor may reject an unfavorable unexpired lease or executory contract, which is essentially a contract where the parties have not fully completed their performance obligations under the contract. A Chapter 11 case culminates in the filing of a Chapter 11 plan of reorganization, which is presented to the Bankruptcy Court for confirmation.

Contact Leighton Law Group to determine whether you can benefit from a Chapter 11 reorganization in the Bankruptcy Court.

Chapter 13

Chapter 13 offers many key benefits. The primary reason an individual files a Chapter 13 bankruptcy is to save his or her home. A Chapter 13 petition can be used to halt an imminent sheriff’s sale. Chapter 13 allows an individual a chance to pay off a mortgage arrears over three or five years through a Chapter 13 plan. Even if you have been denied a loan modification, you may be able to save your home in a Chapter 13.

Also, tax debts may be paid through a Chapter 13 plan over three or five years. Furthermore, the automatic stay, which takes effect upon the filing of the bankruptcy petition, bars many collection activities by creditors, including lawsuits, wage garnishments and bank levies.

Contact Leighton Law Group to determine whether you qualify for a Chapter 13 and whether you can get a fresh start from a Chapter 13 bankruptcy.

Adversary Proceedings

An adversary proceeding is a type of litigation that is filed in the Bankruptcy Court. An adversary proceeding may be filed by a debtor, creditor, or trustee. Federal Rule of Bankruptcy Procedure 7001 lists a number of issues that must be resolved through an adversary proceeding. An adversary proceeding may be filed by a debtor to avoid a lien or to seek a discharge of student loan debt. A creditor may potentially file an adversary proceeding to prevent the creditor’s debt from being discharged in a bankruptcy proceeding, or to deny the debtor a discharge of all of the debtor’s debts. In addition, a debtor-in-possession or bankruptcy trustee may file an adversary complaint in order to avoid preferential or fraudulent transfers.

Whether you need to file an adversary complaint, or defend one, Leighton Law Group can provide you with aggressive legal representation at a fair price.

Creditor's Rights

When competing with other creditors for a debtor’s limited assets and income, a creditor’s success, in part, depends on its legal counsel. Leighton Law Group provides comprehensive bankruptcy representation to its creditor clients, including the following services: