Our attorneys provide bankruptcy advice on Chapter 7, Chapter 13, and Chapter 11 bankruptcy. Sometimes the focus for our clients is avoiding bankruptcy. If avoiding a personal bankruptcy or a business bankruptcy is possible and desired, we will analyze our client's unique situation, formulate a strategy, and then work toward the result that is desire by our client. Often times this means doing what is called a "work out" with our client's creditors to take less than the debt that is owed to them or negotiating repayment terms that are affordable. In some situations, a personal bankruptcy or a business bankruptcy is simply not avoidable. In those cases, our attorneys can provide critical analysis of our client's situation and may provide pre-bankruptcy planning advice (within the bounds of the law) when applicable. Our focus is providing bankruptcy advice and representation on complex cases where our clients' particular situations, whether personal or business, require more attention than simply filling out a form. Oftentimes we will work with other bankruptcy attorneys (who may do the actual bankruptcy filing if needed) to assist our mutual clients in bankruptcy avoidance, creditor workouts, company restructuring, litigation, and other pre-bankruptcy matters
Our attorneys also provide creditor representation in responding to bankruptcies that have been filed by individuals or businesses that owe money or other obligations to our creditor clients. An individual or a business filing a bankruptcy must adhere to the strict requirements of bankruptcy law. In some cases, a debtor may have made fraudulent transfers or preferential transfers in advance of the debtor's bankruptcy or the debtor may have failed to accurately report the debtor's assets. Oftentimes, the creditor is the one that has this information - and should bring it to the attention of the bankruptcy trustee or the bankruptcy court. In some cases, a debtor may have made fraudulent representations on a credit application or charged or incurred debt on the eve of its bankruptcy. The creditor is the one that may have this information about the debtor. In these sorts of cases, the court may deny the debtor the discharge of the applicable debt or may even dismiss the debtor's bankruptcy case. Our attorneys provide our creditor clients with the requisite analysis and assistance with these situations. If a creditor has a security interest in collateral, the creditor may want to proceed in foreclosing on the collateral, whether real estate or personal property, when a debtor has filed a bankruptcy. This is often accomplished by filing a motion for relief of the automatic stay with the bankruptcy court. Our attorneys can provide advice and assistance with motions for relief of the automatic stay. Sometimes a debtor has threatened to file bankruptcy and the creditor may need assistance with negotiation and reaching a settlement or workout with the debtor. Our attorneys also provide our creditor clients with representation and assistance in these situations.
If you need assistance with Bankruptcy in Bend or Central Oregon please contact us.