Bankruptcy

Bankruptcy

Attorney Matthew Breen represents people just like you in personal bankruptcy cases. We handle personal bankruptcy cases under Chapter 7, Chapter 13, and Chapter 11. Working with us to file a personal bankruptcy case can have positive and immediate impact upon your life! Filing bankruptcy with us will give you a FRESH START from your debts and allow you to stop wage garnishments, stop a foreclosure, stop lawsuits, and stop debt collectors constant harassment.

CHAPTER 7 PERSONAL BANKRUPTCY – At Lowcountry Law, we are experienced and knowledgeable in representing our clients in chapter 7 bankruptcy to discharge (i.e., wipe out) typical debts and judgments, such as for credit cards, medical bills, the balance owed on car loans after a repo, “old” tax debts, past due rent for a prior residence, and a variety of other types of debts.

In a chapter 7 personal bankruptcy you are wiping out your debts and getting a fresh start. Our clients who have worked with us to file chapter 7 bankruptcy no longer have to struggle to try to repay their crushing debt burdens. If you work with us to wipe out your debts through chapter 7 bankruptcy, you will be able to rebuild your finances and focus on things that will make a positive difference in your life, such as saving money for your children’s future or your own retirement. In addition, most of our clients find that they are able to rebuild their credit faster than they anticipate. As part of our comprehensive representation of you from the pre-bankruptcy preparation of your case to our post-discharge advice, at no additional charge to you our New York bankruptcy attorneys will provide you with our time-tested strategies and techniques to rebuild your credit after bankruptcy.

CHAPTER 13 PERSONAL BANKRUPTCY – In a chapter 13 personal bankruptcy you are using the bankruptcy process to cure defaults (past due amounts) and catch up with payments over time (over 3-5 years). For example, if your home is in foreclosure we can help you save your home through a chapter 13 repayment plan that will allow you to catch up over time (as long as 60 months). Similarly, if you are behind on rent and your landlord will not work with you to give you a workable repayment plan, we can help you make a plan that the landlord cannot refuse in a chapter 13 bankruptcy case. Chapter 13 can also be used to deal with past due tax debts when the IRS or SC Department of Revenue will not give you a workable payment plan. We have helped our clients save their homes, save their cars, deal with tax debts, and other debt problems over time. Unlike so called debt-settlement, which creditors do not have to accept, chapter 13 bankruptcy is binding on creditors as long as your chapter 13 plan satisfies the requirements of the Bankruptcy Code and is approved by the Bankruptcy Court.

CHAPTER 7 BUSINESS BANKRUPTCY – When you have a money losing business and need to cease operations and cut your losses, we can assist you with a chapter 7 business bankruptcy. In a chapter 7 business bankruptcy the debtor-company ceases operations and an independent fiduciary, known as a bankruptcy trustee, is appointed to liquidate the assets of the company to raise cash to pay off creditors. Our attorneys are experienced in representing South Carolina businesses in chapter 7 bankruptcies in a variety of industries, such as restaurant, fashion, import-export, manufacturing, distribution, medical services, and other matters.

CHAPTER 11 REORGANIZATION – When you have a business that either could reorganize if given a chance to deal with its debt problems over time, or that needs to be given the opportunity to sell its assets through an orderly process without creditor or Sheriff or Marshal interference, we can assist you in a chapter 11 business bankruptcy. In a chapter 11 business bankruptcy the debtor-company continues in operations and typically the existing management of the company remains in control as debtor-in-possession management. The company then can reorganize through a chapter 11 plan process, or alternatively, can sell its assets through a bankruptcy sale. In a chapter 11 personal bankruptcy you are not subject to the time limits of a chapter 13 case that is limited to a maximum of 5 years (60 months). In addition, unlike in chapter 13 bankruptcy, in chapter 11 bankruptcy there are no limits on the total amount of permissible debts. In our experience a chapter 11 personal bankruptcy case is great way in which we can assist entrepreneurs and high-net worth individuals restructure their financial affairs.

CHAPTER 11 SUBCHAPTER V – As a boutique law firm we are particularly well placed to help small businesses take advantage of the new Small Business Restructuring Act that became effective on Feb. 19, 2020. This new law has many exciting features designed to simplify the bankruptcy reorganization process for small businesses by reducing procedural and cost burdens. In response to the Coronavirus pandemic there also have been increases in the dollar limits applicable to this new law that makes it accessible for a many more businesses than before.

BANKRUPTCY LITIGATION – Our firm is very active in litigation in bankruptcy court, centering on violations of the Automatic Stay (11 U.S.C. § 362) and violations of the permanent bankruptcy discharge injunction (11 U.S.C. § 524). Our firm also accepts referrals from and co-counsels with other Bankruptcy Lawyers for these types of cases. Please contact the firm for more details. Call 843-800-8663 or send an email for a free consultation.

OUR GOAL IS A FRESH START FOR OUR CLIENTS AND DEFENDING THEM FROM AGGRESSIVE CREDITORS AND DEBT COLLECTORS!