Services

Bankruptcy and Creditors' Rights

Our business bankruptcy and creditors’ rights practice involves all areas of business reorganizations, liquidations, and out-of-court workouts to ensure our clients the best possible results. We currently represent and have represented business debtors, Chapter 7 trustees, creditors’ committees, and secured creditors in major Chapter 11 cases throughout California.

We also represent clients in state court receivership actions, as well as representing the state court receivers themselves. Our practice extends to counseling creditors of their rights and obligations (especially under the Federal Fair Debt Collection Act), collection litigation (including pursuing prejudgment writs of attachments), and the restructuring secured and unsecured debt.

Chapter 7 Bankruptcy

Is an affordable solution to people with limited income or resources. It can eliminate your obligation for large amounts of debt and, in many cases, you will not have to give up any of your property to file. This exempt property will generally include cash, household furnishings, clothing and other ordinary items, tools of trade, personal injury and worker’s compensation claims, up to one million dollars for retirement investments or pension plans, an automobile and equity in your residence.

If you do not have equity in your residence or do not own your primary residence, the exempt property will include an additional wild card protection to protect extra assets such as additional vehicles, motorcycles, jet skis, quads, motor homes, trailers, boats, tax returns, time shares, and equity in non-residential property. A Chapter 7 bankruptcy is designed to give people a fresh start when they are struggling to keep current on bills and is a means to put an immediate end to harassing phone calls, legal action and garnishment by creditors. A Chapter 7 Attorney welcomes the opportunity to discuss your specific situation and determine if a Chapter 7 Bankruptcy is right for you.

Chapter 13 Bankruptcy

Allows people who have significant income or assets to restructure their debt in a way that will allow them to pay back some or all of their liabilities in monthly installments over a set period of time. A Chapter 13 Bankruptcy Plan can be worked out that will provide you with fixed payments for three to five years with no more interest or penalties. This can be used to either eliminate some of your debt or to catch up when you are late on mortgage payments or other secured loans.

Chapter 13 Bankruptcy is also an option for people who wish to pay back all of their debt, but who need a structured payment plan to do so.

If you have questions or concerns, reach out to our team to determine next steps.


Bankruptcy and Creditors' Rights Attorneys

Tamie Cummins

Tamie L. Cummins

Modesto

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Jessica Doarn

Jessica A. Dorn

Modesto

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Lauren Franzella

Lauren B. Franzella

Modesto

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Varduhi (Rose) Petrosyan

Fresno

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Sam Phillips

Samuel L. Phillips

San Francisco / San Rafael, San Jose

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