Bankruptcy
At the Law Offices of Roger E. Naghash, we represent clients in all matters relating to bankruptcy law throughout the state of California, including Los Angeles County, Riverside County, San Bernardino County, Sacramento County, Orange County, and Santa Rosa County. Whether you are an individual or a business filing for bankruptcy protection or you are a creditor who wishes to file for bankruptcy relief against a debtor, one of our bankruptcy law attorneys can help you.
What is Bankruptcy?
Bankruptcy is the federal court process that allows an individual or business to eliminate their debt or repay their debt while under bankruptcy protection. It also offers creditors a possible means of being repaid the debt owed to them by the person or company filing for bankruptcy. There are several types of bankruptcy relief that a consumer or business can file, and one of our bankruptcy attorneys can help you determine which remedy may be the best one for you. We can also help you come up with a reorganization plan for your business, as well as a plan to pay your creditors the money you owe them.
The Law Offices of Roger E. Naghash represents clients who have sought bankruptcy protection under the following Chapters:
Chapter 7 Bankruptcy: Also known as “liquidation” bankruptcy, this type of bankruptcy protection is available to consumers and businesses that wish to eliminate their debt. A bankruptcy trustee who is appointed to your case will sell your non-exempt assets in order to pay back as many of your creditors as possible. Businesses that file for this type of bankruptcy are expected to shut their operations down immediately. Consumers wishing to file under Chapter 7 must first pass the “means test” in their state to show that their income is not high enough to pay their debts.
Chapter 11 Bankruptcy: This type of bankruptcy is usually obtained by businesses that wish to seek a temporary reprieve from their debts—even as they remain in business—while they restructure their organization and come up with a repayment plan for creditors. A committee of creditors and the bankruptcy court generally must approve this plan. Individuals are also allowed to seek Chapter 11 protection—especially if their debt exceeds the limit allowed in Chapter 13 filings.
Chapter 13 Bankruptcy: Often called reorganization bankruptcy, this type of bankruptcy gives filers an opportunity to pay their debts over a three to five year period. In order to qualify for Chapter 13 protection, you will have to show the court that you make enough money to be able to pay back your debts over the allowed time period. Unsecured debts cannot be higher than $307,675 while secured debts cannot exceed $922,975.
We are also happy to help our bankruptcy clients with out-of-court structured settlements, bankruptcy litigation, and State Court insolvency proceedings.
Representation for Creditors and Creditors’ Rights We believe that creditors, as well as debtors, have rights that should be protected under U.S. bankruptcy law. If you are a creditor who would like to file an involuntary bankruptcy petition for one of your debtors that owes you money, we can file the claim for you. If you disagree with the discharge of your debt after one of your debtors has filed for bankruptcy, we can file an adversary proceeding in the bankruptcy case to protect your debt.
With the Law Offices of Roger E. Naghash conveniently located in Newport Beach, many of our clients reside in Mission Viejo, Sun Valley, Santa Ana, San Clemente, Westminster, Irvine, and Santa Ana. We also represent clients in Northern California, including the cities of Sacramento, Monterey, Santa Rosa, as well as the surrounding areas.
We invite you to come to our offices for a complimentary, no obligation consultation. To schedule an appointment with the Law Offices of Roger E. Naghash, send us an email or call us at 949-955-1000.