Bankruptcy Law Services

Many people need help getting their finances and debts under control. Bankruptcy is a legal process that helps those who owe money (“debtors”) get relief from the debts they cannot pay. At the same time, bankruptcy helps people who are owed money (“creditors”) get paid from the property or assets the debtor decides they don’t need to live.

To decide if you should file for bankruptcy, our attorneys will help you determine the following:

  1. What alternatives you have to filing for bankruptcy
  2. What type of bankruptcy is the best option for you
  3. Which of your debts will be eliminated in the bankruptcy

 

When considering filing for bankruptcy, we highly recommend you speak with an attorney from Mlnarik Law Group. Bankruptcy is a specialized area of law that is very complex; if you make a mistake when filing, your entire case may get dismissed with a 180-day penalty before you can refile. 

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    Learn About Bankruptcy Chapters

    Chapter 7

    As the most common type of bankruptcy, Chapter 7 is a liquidation bankruptcy in which the court sells your assets for cash that is used to pay your creditors. Chapter 7 bankruptcy can wipe out most of your debts and you cannot file again for six years.

    Speak with an attorney at Mlnarik Law Group to see if you qualify for Chapter 7 bankruptcy. Our attorneys will guide you with your bankruptcy case and help you determine which of your property items can be exempt from sale.

    Chapter 11

    Individuals can file for Chapter 11 bankruptcy, but it is a more common option for corporations or partnerships. Chapter 11 is a very complicated bankruptcy proceeding where the debtor keeps their assets and continues to operate the business, while working out a reorganization plan to pay back creditors.

    In addition to providing clear guidance throughout the bankruptcy process, Mlnarik Law Group attorneys will help you file the following items in court:

    • Statement of financial affairs
    • Schedules of assets and liabilities
    • Schedule of current income and expenditures
    • Schedule of executory contracts and unexpired leases

     

    If you are an individual debtor (or married couple filing jointly), we will also help you file any additional required documents such as a certificate of credit counseling, any evidence of payment from employers, statement of monthly net income, and more.

    Chapter 13

    When filing for Chapter 13 bankruptcy, individual debtors with regular income can develop a plan to repay all or part of their debts over a 3–5 year period. Our expert attorneys will help you understand the process of Chapter 13 bankruptcy and walk you through the required documents, case forms, and fees.

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    2930 Bowers Avenue
    Santa Clara, CA 95051

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