COMPREHENSIVE BANKRUPTCY SOLUTIONS FOR BUSINESSES & INDIVIDUALS

If you are facing crippling debt, aggressive creditors, or foreclosure, filing for bankruptcy may offer the debt relief solution you’re looking for. While not without certain consequences, bankruptcy can help you find a fresh financial start. At Gudeman & Associates, P.C., we assist clients with all aspects of bankruptcy, from Chapter 7 to Chapter 13 to emergency filing and more. With more than 100 years of combined experience our bankruptcy attorneys can help you understand your legal options when faced with insurmountable debt. We believe that the more information you have, the better decisions you can make. That’s why we make it our mission to provide you with as much information as possible as we guide you through the bankruptcy process.

For a business in financial trouble, the Assignment for the Benefit of Creditors, also known as an ABC, is an alternative to filing for bankruptcy. An ABC is not an actual bankruptcy because it is governed by local, state law instead of federal bankruptcy law. An ABC is a contract where the insolvent entity or the Assignor transfers legal and equitable title, as well as custody and control of its property into a Trust, a legal agreement between three parties. In an ABC, the third party or Assignee is responsible for managing the business, the property and the business assets to apply the proceeds of sale to the Assignor’s creditors. To see if an ABC is a viable option for you and your business instead of filing for a bankruptcy, Gudeman can help you find the best possible options and outcomes for your specific situation.

Chapter 7

In a Chapter 7 bankruptcy, a Trustee cancels many or all of the debts, and they may also sell or liquidate some property in order to repay creditors. Because of the law contained in Chapter 7 of the Title 11 Bankruptcy Code, it is also referred to as a “straight” or “liquidation” bankruptcy, and it is the most common form of bankruptcy. A Chapter 7 filing is when a business ceases operations unless the operations are continued by a Chapter 7 Trustee. A Chapter 7 Trustee is appointed nearly immediately, and they have the power to examine the business’s financial affairs, liquidate assets and distribute the proceeds to creditors. Depending on the size and complexity of the bankruptcy, employees may or may not lose their jobs. To help you explore the best possible options and outcomes for your business, Gudeman will partner with you and help you through every part of the process.

Chapter 11

Chapter 11 provides a plan and reorganization process, and it is available to every form of business entity including a corporation, partnership or sole proprietorship. Chapter 11 of the Title 11 Bankruptcy Code provides the debtor with a number of mechanisms to restructure their business or personal assets and debts. Unlike Chapter 7 bankruptcy, the debtor remains in control of their business operations as a debtor in possession, and they are subject to the oversight and jurisdiction of the court in most instances of filing a Chapter 11. Depending on the size and complexity of the bankruptcy, the reorganization of the debtor’s business or personal assets and debts provides an opportunity for the debtor to come out from a Chapter 11 bankruptcy within a few months to several years. To help you or your business attain the best possible outcome for your specific situation, Gudeman can help you create a successful, long-term financial plan.

Chapter 7

The entire Chapter 7 bankruptcy is the most common form of bankruptcy, and it takes about four to six months to complete the entire process. Chapter 7 may require a trip to the courthouse, and the “Credit Counseling and Debtor Education” must also be completed with an approved agency. Because of the law contained in Chapter 7 of the Title 11 Bankruptcy Code, it is also referred to as a “straight” or “liquidation” bankruptcy. In a Chapter 7 bankruptcy, a Trustee cancels many or all of the debts, and they may also sell or liquidate some property in order to repay creditors. To help you explore the best possible options and outcomes for your circumstance, Gudeman will partner with you and help you through every part of the process.

Chapter 11

Chapter 11 provides a plan and reorganization process, and it is a chapter of the Title 11 Bankruptcy Code. Chapter 11 is available to every business and private individual, and it provides the debtor with a number of mechanisms to restructure their personal assets or business. Depending on the size and complexity of the bankruptcy, the reorganization of the debtor’s business or personal assets and debts provides an opportunity for the debtor to come out from a Chapter 11 bankruptcy within a few months to several years. To help you or your business attain the best possible outcome for your specific situation, Gudeman can help you create a successful, long-term financial plan.

Chapter 13

Chapter 13 of the Title 11 Bankruptcy Code may be viewed as a form of debt consolidation, and it may take about three to five years to complete. Unlike Chapter 7 which may provide a discharge of certain debt and the possibility of liquidation of property, Chapter 13 provides an opportunity to an individual to propose a plan of reorganization to the court where the financial situation can be restructured under the protection of the bankruptcy court. Gudeman can help you create a successful bankruptcy plan to help you achieve the best possible outcome for your circumstance.

If you are struggling with student loan debt or if your debt has gone to collections, turn to Gudeman, the tried-and-true, proven professional who has been successfully assisting thousands of clients with student loan debt. Student loans and educational loans are a form of unsecured debt, meaning there are no assets or properties serving as collateral for the payment of the debt. Student loans can be subsidized, insured or guaranteed by either a governmental, non-profit or private institution. Overall, student loans are unsecured debts incurred for higher education purposes. If you become significantly delinquent on student loan debt, the original company owed may write-off the debt as a loss and sell it to a collection agency. A collection agency, also known as a debt collector, is a business or another entity that specializes in debt collection. Collection agencies are one of the most complained about businesses, according to the Federal Trade Commission and the Consumer Financial Protection Bureau. Some collection agencies may resort to using scare tactics and harassment, such as calling you at work and texting your personal phone. Furthermore, they may charge interest on your debts, which only adds to the already existent debt. When filing for bankruptcy, the consumer must demonstrate that the student loans present a current and future undue hardship on them and/or their dependents. Due to new federal laws and guidelines, it has become more challenging to eliminate student loan debt completely when filing for bankruptcy. However, including student loan debt in a bankruptcy is not impossible. If you are besieged with student loan debt and you’re being contacted by a collection agency, you need to speak with an experienced lawyer. For over 45 years, Gudeman has used our expertise and knowledge of laws to ensure you are fully protected. We can be your advocate, help you regain control, and stop the harassment from the collection agencies immediately.