We Minimize Creditor Losses
Our struggling economy has forced thousands of individuals and companies in the Fresno area as well as nationwide to file for bankruptcy. Under these difficult circumstances, our law firm knows that simply negotiating with a debtor is not always enough to get the problem resolved. When representing creditors, we focus on doing what it takes to minimize their losses and recover the money that they are owed.
With over 30 years of combined legal experience, our firm represents both secured and unsecured creditors in the following matters:
- Chapter 7 bankruptcy proceedings
- Chapter 13 bankruptcy proceedings
- Fighting against automatic stay and abandonment motions
- Filing bankruptcy proof of claims
- Pursing motions to dismiss
- Filing Chapter 13 objections to confirmation
- Obtaining judgments for creditors due to debtor fraud
We Help Individuals Get a Fresh Financial Start
When you are facing a financial crisis, you can be overwhelmed with fear and confusion about your family’s future. At Hemb Law Group, we offer compassionate yet highly skilled bankruptcy representation for clients dealing with significant financial hardships due to loss of a job, unexpected medical bills, and other expenses. Our skilled attorneys handle all types of bankruptcy matters, including Chapter 7 and Chapter 13 proceedings. We also help you determine what options are right for you, including mortgage modifications.
When you meet with us, we will comprehensively answer all your questions and dispel any myths about bankruptcy you may have heard. We also offer alternative solutions if you do not qualify for bankruptcy or wish to pursue other debt relief avenues.
What Type of Bankruptcy Is Right for Me?
If you are considering filing for bankruptcy, you likely have a lot on your mind. When someone’s financial situation is challenged, it can affect every aspect of a person’s life, leading to an immense amount of worry and stress. Our lawyers are happy to listen to the details of your situation and carefully explain your options during a free case evaluation to help you better understand your options and where you stand.
There are two main types of bankruptcy filings available to individuals:
- Chapter 7: Although it is called a “liquidation” chapter for both individual debtors and business debtors, that is not exactly what occurs. Under California’s exemption statutes, individual debtors can often save their homes, vehicles, retirement accounts, household goods and furnishings from creditors. Debtors must pass the means test establishing that they cannot repay their unsecured creditors even through a Chapter 13 plan. Business debtors do not have to satisfy the means test. This provides for a fresh start to both individual and business debtors.
- Chapter 13: This is referred to as a reorganization chapter for individuals. Both above median income and below median income debtors can utilize a Chapter 13 to bring their mortgages, car payments, child support, back taxes and other secured debts current or in some cases, pay them off. Debtors may not have to pay anything to unsecured creditors based upon the amount of their secured debt and their income. A court approved plan payment may range from 3 years to 5 years.
Real Resolutions from Attorneys Who Really Listen to You
Based upon our knowledge of the law as it applies to both creditor and debtor, we possess a comprehensive understanding of both sides of the issues. As such, we are able to work with the parties to review and develop a financial strategy that can provide some form of financial relief. Our attorneys also keep themselves apprised of all recent case law and federal legislation.