Bankruptcy Lawyers in White Plains, New York
We Focus on Chapter 7 and Chapter 13 Bankruptcy Matters
At the offices of Abbate & Nohavicka LLP, Attorneys at Law, in White Plains, we work with individuals and small businesses that need protection from creditors under the federal bankruptcy laws. We understand the stress and anxiety that result from the threatening calls and letters you receive from credit card companies, mortgage lenders, bill collectors and collections agencies. We can help put a stop to the harassment and get you a fresh start. Contact us to schedule a free initial consultation.
When you file for protection under the bankruptcy laws, an "automatic stay" goes into effect, prohibiting your creditors from contacting you in any way or using any means to attempt to collect a debt. The automatic stay remains in effect throughout the course of your bankruptcy. If your debts are discharged by the bankruptcy court, your creditors may not take any action to recover from you.
Chapter 7 Bankruptcy
In a Chapter 7 bankruptcy, an individual or a business may discharge certain debts in exchange for the sale or liquidation of non-exempt property that you own. Under the new bankruptcy law, enacted in 2005, you must now qualify to file for protection under Chapter 7. The court will require that you submit to a means test to determine whether you have the ability to repay your creditors over a period of time. If the court decides that you do, your only recourse in bankruptcy will be under Chapter 13.
When we take your case, we will carefully review your situation to help you determine whether you qualify for a Chapter 7 filing. If you do, we will make certain you understand which debts, such as child support arrearages, student loans and some tax obligations, may not be discharged. We will also make certain that any exempt assets, including your primary residence and vehicle, are excluded from the bankruptcy.
Chapter 13 Bankruptcy
In a Chapter 13 bankruptcy, an individual agrees to repayment of all debts over a period of 3-5 years. In Chapter 13 proceedings, we will be your advocate and representative in all dealings with creditors and at all hearings and other proceedings. We will review any proposed repayment plans to verify that they are within your means. If you enter into a repayment agreement and fail to keep it, you can lose the protections of the bankruptcy law.
Chapter 11 Bankruptcy
A Chapter 11 bankruptcy allows businesses to reorganize and restructure debt, much the same as a Chapter 13 does for individuals. If your business is experiencing financial problems, but you don't want to shut down, we can help you get relief from creditors and get a fresh start.
For lawyers who will provide a high level of personal care and attention when you are involved in a bankruptcy proceeding, contact our offices to set up a free initial consultation. If you cannot travel to our offices, we will meet with you at a location that is convenient for you. We accept credit cards.
Abbate & Nohavicka LLP, Attorneys at Law
297 Knollwood Road
Suite 315
White Plains, NY 10607
Ph: (914)428-2444
Fax: (914)358-5728