Bankruptcy

Overwhelming credit card debt, medical bills, law suits, foreclosures, or judgments are just some of the crises that can be alleviated through bankruptcy. Filing a bankruptcy petition under the federal Bankruptcy Code will stop foreclosure proceedings, wage deductions, bank account garnishments, law suits and collection calls from rude bill collectors.

The Automatic Stay immediately goes into effect with most bankruptcy filings. The automatic stay is a powerful law that protects debtors from creditor harassment and collection activities.  Any violations of the automatic stay can result in a creditor being held in contempt of court and punished with fines or jail.

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Considering Bankruptcy? CLICK HERE for 10 Questions to Ask Before You File


 

You can get a fresh start with a Chapter 7 Discharge of Debtor, or file a payment plan under Chapter 13 to avoid a Sheriff’s sale or tax sale and save your home from foreclosure.  Even with a Chapter 13 case, you can receive a Discharge of unsecured debts upon successful completion of your Chapter 13 Plan.

When you file a bankruptcy case through Martucci Law, we will find and claim all applicable exemptions to protect your assets from creditors.  We will advise you regarding Reaffirmation Agreements, which would allow you to keep necessary assets, such as cars and furniture, while making reduced payments.

Alternatively, you can elect to surrender property that you cannot afford without any penalty. We help both individuals and businesses assess their financial problems and determine whether the Bankruptcy Code will provide a solution.

Greg Martucci will explain the consequences of filing bankruptcy, as well as the benefits.  We will guide you through the process of getting your credit counseling certificates, obtaining your credit report, ordering your tax return transcripts, gathering the necessary documentation, preparing the worksheets, reviewing and signing the Petition.

After your case is filed, we will prepare you for your meeting of creditors, respond to requests from the Trustee, and prepare you for Court appearances, if necessary.

In Chapter 13 cases, we will work together to formulate the proposed payment plan.  After the petition and plan are filed, we will review claims filed by creditors, respond to objections from creditors or motions by the Trustee.

We will also file objections to claims when appropriate,  modify the plan when necessary, and be available to answer your questions throughout the term of the plan.  Many of these services are included in a court-approved flat fee agreement, and result in no additional attorney’s fees.

Greg Martucci will counsel you to determine whether a Chapter 7 Bankruptcy (Liquidation) or Chapter 13 Bankruptcy (Debt Adjustment), or an alternative course of action, is most appropriate for your individual situation. We can also provide legal representation to defend Adversary Petitions (Adversary Defense), filed by creditors.

These are law suits contesting a bankruptcy discharge of your debts  on the grounds of misrepresentation, fraud, intentional injury or other statutory grounds that would make the debt non-dischargeable, or the debtor, not eligible for a discharge.  Under certain circumstances, we will represent creditors whose claims should not be discharged in bankruptcy.

Call the Martucci Law today at 630-980-8333 to schedule your free initial office consultation. Learn more about bankruptcy options available to individuals and businesses under the Bankruptcy Code.