Bankruptcy Success Stories
Creditor questioned charges within 90-120 days of filing Ch. 7. Our attorney contacted the creditor and explained the client's situation, including his medical and health situation. The Creditor did not object to the discharge or seek a reaffirmation. Client's debts were discharged.
Chapter 7 filing eliminated a large number of debts the client was left with after a divorce. Chapter 13 bankruptcy filed in 2005. During the plan client missed mortgage and trustee payments. Our attorney was successful in negotiating these payments, preventing the case from being dismissed for lack of payment. Client's bankruptcy discharged in April 2010.
Reopened Cases - Our attorney's have been able to reopen several bankruptcies that were dismissed, which would allow creditors to once again pursue the debtors. Reopening the cases allowed the debtors to obtain a discharge and the creditors prevented from taking action to collect the debts.
Client had a small 2 cab taxi business and a residence the taxi business wasn't making enough money. A chapter 7 bankruptcy was filed in august of 2007. The assigned trustee believed the taxi business was an asset with equity which he could sell to pay off client's debts. The trustee started an examination of the client's business records and hired an attorney to represent the trustee; the client received a discharge on 12 /26/07, but the trustee continued his investigation. After several months, the trustee finally determined the client's taxi business was of no value, and issued a no asset report on 4/15/08, thereby saving the client's business.
Our attorney successfully assisted a client file Bankruptcy even though her income normally would have prevented her from discharging her debts in bankruptcy. In this case, her low monthly mortgage payments and her higher income would have resulted in a presumption of abuse and the client not completing her bankruptcy. The attorney and the Bankruptcy team at Mevorah & Giglio Law Offices recommended that the client take a specific course of action that changed the Means-Test and qualify the client for Bankruptcy. Now the client is on her way to having OVER $118,000.00 IN GENERAL UNSECURED DEBTS COMPLETELY DISCHARGED.
Due to a client's income being above the Illinois median and her low monthly mortgage payments, her Means-Test Calculation showed a presumption of abuse. After consulting with the Firm's three bankruptcy attorneys, the responsible attorney recommended that the client purchase a "clunker" car that changed the Means-Test Calculation from a presumption of abuse to the presumption of no abuse. Client had over $118,000.00 in general unsecured debts completely discharged.
Credit Card Company threatened to oppose discharge due to the client making almost $4,000.00 in purchases during the three months before filing for bankruptcy. Mevorah & Giglio Law Offices negotiated with the attorney for the credit card company to drop their opposition and let the bankruptcy move forward.
After passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 an attorney of Mevorah & Giglio Law Offices was successful in getting virtually all of our firm's client's Petitions filed before the Act became effective saving each client time and money from taking classes both before and after their petitions are filed.
The majority of bankruptcy cases go smoothly and lack the courtroom drama seen on television. The smoothness a client experiences, however, is the result of preparation and hard work. There are a few cases, though, where surprises will crop up.
In one instance our attorney filed a Chapter 7 bankruptcy for a couple whose income was in a legal-gray area that put them in the zone between a Chapter 7 (liquidation) and Chapter 13 (partial repayment plan). For clients in this income bracket there is no guarantee that they could proceed as a Chapter 7, but we decided to take a calculated risk. The United States Trustee's Office raised the issue of filing an objection to the Chapter 7 and forcing the client to convert to a Chapter 13. By knowing the specific circumstances of his clients' case, the attorney was able to convince the US Trustee's Office to not file an objection and allow the clients to receive a discharge under Chapter 7. This couple was able to complete the Chapter 7 and not have to repay those debts.
Filing for bankruptcy protection can be a stressful situation and some people feel especially concerned about their reputation. While bankruptcy proceedings are a matter of public record, we have experience with helping clients, including law enforcement officers, self-employed business owners, and medical professionals, in a professional manner. We do everything we can to ensure that the bankruptcy process is as stress free and discreet as possible.
Clients who are self-employed are required to consider additional factors than regular W-2 employees. Even though the client's business may be incorporated and its own legal entity, the value of the company is a personal asset and the inventory, receivables, and other company assets all need to be considered if the owner is going to file for personal bankruptcy protection. Mevorah & Giglio Law Offices has experience helping self-employed people file for personal bankruptcy protection. While every case is unique and bankruptcy might not be the best course of action for you in particular, the firm has helped self-employed truck drivers, electricians, mechanics, and daycare providers, to name a few, successfully file for Chapter 7 bankruptcy protection.
There are instances where one spouse may have to seek bankruptcy protection while the other spouse does not. These create unique dilemmas when it comes to analyzing the expenses and assets of the marriage. Our firm has successfully helped clients file separately from their spouses who have been in various stages of their marriages; from newly-wed 2nd marriages, long-term marriages, and in the process of divorce. The bankruptcy court reviews these situations carefully to ensure that people are seeking to abuse the bankruptcy process by loading up debt in one spouse's name and the assets in the other spouse's name.
In a Chapter 13 case, where the filer repays some or all of the debt through a structured monthly payment, a filer might be able to discharge some tax obligations or, at least, structure the repayment of tax obligations. In order to ensure that your taxes are properly dealt with, you need to make sure that the IRS has correctly classified your taxes. Steven Mevorah & Associate has worked with the IRS agents to make sure that taxes were classified before we file the clients' bankruptcy case to ensure that their obligations would be resolved during the course of their Chapter 13 case.