Member since
2012
San Francisco, California Bankruptcy Lawyer
San Francisco Bankruptcy Lawyer
The San Francisco bankruptcy lawyers at Brothers Smith LLP assist clients in bankruptcy cases in California. The San Francisco bankruptcy lawyers represent clients in both Chapter 7 bankruptcy and Chapter 13 consumer bankruptcy cases. The San Francisco bankruptcy lawyers also have experience representing businesses, as counsel for both debtors and creditors, in Chapter 11 bankruptcy and Chapter 7 bankruptcy cases.
The branch of bankruptcy law involves the procedure or legal method by which a debtor is relieved of financial liability for its debts by establishing a court-approved reorganization plan or a plan for partial repayment. The San Francisco bankruptcy lawyers are knowledgeable in all areas of general bankruptcy law, including but not limited to Chapter 11 bankruptcy, Chapter 7 bankruptcy, and Chapter 13 bankruptcy cases in California.
Experienced San Francisco Bankruptcy Attorney
The San Francisco bankruptcy attorneys have experience representing clients in bankruptcy matters, including:
- Bankruptcy Arbitration
- Bankruptcy Chapter 7
- Bankruptcy Chapter 11
- Bankruptcy Chapter 12
- Bankruptcy Chapter 13
- Bankruptcy Fraud
- Bankruptcy Litigation
- Bankruptcy Mediation
- Business Bankruptcy
- Consumer Bankruptcy
- Creditors Rights
- Debt Relief
- Determination of Solvency
- Insolvency
- Liquidations
- Loan Workouts
- Out-of-Court Debt Restructuring
- Personal Bankruptcy
- Protection of Assets
- Reorganization
- Repossessions
- Restructuring
Skilled San Francisco Bankruptcy Lawyer
Bankruptcy law involves the procedure or legal method by which a debtor is relieved of financial liability for its debts by establishing a court-approved reorganization plan or plan for partial repayment. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors generally may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code also establish the priority of creditors’ interests.
The San Francisco bankruptcy lawyer advisors work to give financially insolvent individuals and debtors of commercial enterprises relief from indebtedness. The San Francisco bankruptcy chapter 13 attorneys can assist in a number of insolvency matters, ranging from the preparation of restructuring plans to making arrangements with creditors.
San Francisco Bankruptcy Chapter 7 Lawyer
A bankruptcy filing under Chapter 7 is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Not dischargeable in bankruptcy are alimony and child support, taxes, and fraudulent transactions. Filing a bankruptcy petition automatically suspends all existing legal actions and is often used to forestall foreclosure or imposition of judgment. After 45 or more days a creditor with a debt secured by real or personal property can petition the court to have the “automatic stay” of legal rights removed and a foreclosure to proceed. When the court formally declares a party as a bankrupt, a party cannot file for bankruptcy again for nine years.
San Francisco Chapter 11 Bankruptcy Lawyer
Chapter 11 bankruptcy allows an existing California business to reorganize and refinance to be able to prevent final insolvency. Often there is no trustee, but a “debtor in possession,” and considerable time to present a plan of reorganization. The final plan often requires creditors to take only a small percentage of the debts owed them or to take payment over a long period of time. Chapter 13 is similar to Chapter 11, but is for individuals to work out payment schedules.
Trusted San Francisco Bankruptcy Law Firm
The San Francisco bankruptcy attorneys at Brothers Smith LLP have represented clients in virtually all types of distressed financial situations. For experienced representation in a bankruptcy case or for assistance filing for bankruptcy, contact the San Francisco bankruptcy lawyers at Brothers Smith LLP in California.