Bankruptcy Services

 

Bankruptcy can be a very powerful tool for solving all types of legal problems, especially when there are issues involving taxes, real estate and/or lawsuits.  Our philosophy is to take a comprehensive approach and help our Clients develop a long term strategy for dealing with their financial problems when possible.  All of our bankruptcy cases are personally handled from start to finish by the Principal of our Firm, Eric Nixdorf, who is a member of the National Association of Consumer Bankruptcy Attorneys and whio is certified as a Bankruptcy Specialist by the State Bar of California, Board of Specialization.  

 

Since we also have expertise in tax, real estate and litigation, our specialty is helping clients who are trying to save their home, dispose of underwater real estate, save their business, recover from a failed business, get out from under taxes they owe and/or deal with a lawsuit.  We are experts at "stripping off" second mortgages, equity lines, judgments and tax liens and as well as discharging income and sales taxes.  While we are generally able to file the same day for emergency cases involving a foreclosure, wage garnishment or bank levy, we prefer to take the time before any type of bankruptcy filing to thoroughly analyze each Client's financial situation and provide guidance on potential pre-bankruptcy planning strategies which can be utilized to ensure that our Clients receive the best result possible from their bankruptcy case and avoid the common pitfalls that can result in unnecessary litigation within the bankruptcy case.

 

We also regularly consult with other attorneys, real estate professionals and tax professionals regarding the implications of a potential bankruptcy filing on litigation, proposed real estate transactions, and prospective tax liabilities.   In many cases involving real estate foreclosures and short sales, a bankruptcy filing can prevent what would have been substantial tax liabilities.

 

Chapter 7 Bankruptcy

 

Our Chapter 7 practice ranges from simple, no asset cases to complicated corporate and individual cases involving businesses, real estate, and taxes.   We make every effort possible in all of our Chapter 7 cases to ensure that the schedules are all accurately prepared and that the Chapter 7 Trustee is timely provided with all requested information and documentation so that the 341 meeting can be concluded when first scheduled and the discharged granted as soon as allowed under the bankruptcy code.  We focus on anticipating and addressing potential roadblocks long before any case is filed to minimize the risk of later having problems with a Creditor or Trustee once the case is filed.

 

Chapter 13 Bankruptcy

 

We regularly handle chapter 13 bankruptcy cases in the Northern and Eastern Districts of California.  We are experts at "stripping off" and "cramming down" second mortgages, equity lines, judgments and tax liens through the Chapter 13 bankruptcy process.  The vast majority of plans we file for our Chapter 13 cases are confirmed and most of our Chapter 13 cases are completed.  

 

Chapter "20" Bankruptcy

 

A Chapter "20" bankruptcy refers to the situation where a Chapter 7 case is filed followed by a Chapter 13 case. We generally use this strategy for Clients who would like to strip off or cram down a junior mortgage lien or tax lien but can not start off with a Chapter 13 because they exceed the debt limits and they can not afford the substantial cost of a Chapter 11 case.  We are fortunate that the Bankruptcy Courts in both the Eastern and Northern Districts of California allow "lien stripping" in 13 cases which are ineligible for discharge because of a prior Chapter 7 case.

 

Chapter 11 Bankruptcy

 

We have found that in most situations where Chapter 11 bankruptcy can be a viable option, the same result can be obtained through the Chapter 20 process or through a corporate reorganization followed by a Chapter 7 bankruptcy at a fraction of the cost.  For cases where a Chapter 11 filing is best the option, our Firm will partner with a Chapter 11 specialist  or refer the case to a Chapter 11 law firm we feel would be the best match for our Client's needs.

 

Disclosure  

 

In the representation of some bankruptcy clients, we may be considered as acting as a "debt relief agency" as defined in several laws enacted by Congress. These laws require that "debt relief agencies" state in their advertising for bankruptcy services that we help people file for bankruptcy relief under the Bankruptcy Code.