Legal Services Tempe AZ
Considering filing for bankruptcy? Need help with estate planning? We offer personal and business bankruptcy options, estate planning and more.
Practice Areas
Estate Planning
As a law firm that has been helping individuals and businesses deal with their financial issues for almost 20 years, we understand the importance of planning. Our firm can help you protect yourself, your assets, and your family from future issues that arise both medical and financial. From asset protection to living wills to trusts to last wills and testaments, you can count on us for sound advice to help you be comfortable and secure. We offer a knowledgeable staff, reasonable rates, and experience you can count on. Call us today to schedule an appointment.
Free ConsultationBankruptcy
When it comes to bankruptcy law, you will be hard-pressed to find a firm with more dedication to defending your future than ours. At John Smith Law, we believe that you should be treated like a client, not a case file. We bring this dedication to every meeting and court appearance, and always make sure that your interests are properly and thoroughly represented. You won’t have to face the difficulties and challenges of this difficult time alone because we are ready to offer the reliable legal counsel you need every step of the way. Contact our office to learn more about the services we provide.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is the most common form of bankruptcy. It is a liquidation proceeding in which the debtor’s non-exempt assets, if any, are sold and the proceeds distributed to creditors according to the priorities among creditors established in the Bankruptcy Code.
This form of bankruptcy is available to individuals, married couples, corporations, and partnerships. Individual debtors get a discharge within 4-6 months of filing the case. Any wages the debtor earns after the case is begun are the debtor’s; the creditors have no claim on those earnings.
Chapter 9 Bankruptcy
Chapter 9 Bankruptcy is specifically for municipalities such as counties, taxing districts, municipal utilities, etc. While this is one of the less common types of bankruptcy, the attorneys at John Smith Law are very familiar with all aspects of this kind of bankruptcy so you can be rest assured your case will get the very best representation. Call us today to learn more or for a free consultation.
Chapter 11 Bankruptcy
Do you own a business that is burdened with a heavy debt load? Can you never seem to get out from under that debt? Is it threatening the future of your business? If so Chapter 11 bankruptcy may have the answers you seek. Chapter 11 will allow you to reorganize your business, remove your debt and propose a post-bankruptcy plan so that your business can prosper. Facing business bankruptcy? Call us today to learn more!
Chapter 12 Bankruptcy
Are you a family farmer or family fisherman? Has your debt gotten out of control? You do have options. Chapter 12, similar to Chapter 13, allows you wipe out a portion of your debt and then to make seasonal payments over a period of years on the remainder. It works with the seasonal nature of your earning and allows you to start your way to a fresh start. Call today for a free consultation to learn more.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy is a repayment plan for individuals with regular income and unsecured debt less than $336,900 and secured debt less than $1,010,650. The debtor keeps his property and makes regular payments to the bankruptcy trustee out of future income to pay creditors over time (3-5 years). Chapter 13 is not available to corporations or partnerships.
Repayment can range from 10% to 100% depending on the debtor’s income and the makeup of the debt. Certain debts that cannot be discharged in Chapter 7 can be discharged in Chapter 13. This form of bankruptcy also provides a mechanism for individuals to prevent foreclosures and repossessions while catching up on their secured debts.
Debtors choose to file a repayment plan under Chapter 13 when:
- they owe debts not dischargeable in Chapter 7 ( such as taxes or child support)
- they have liens that are larger than the value of the assets securing the debt
- they are behind on car or house payments
- their assets are worth more than the available exemptions
- their income may trigger a substantial abuse objection
Still not sure if this is the right option? Call us today to see if Chapter 13 is right for you. We will guide you through the process.
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