Whether you are an individual or own or represent a business, the attorneys at St. Johns Law Group are available to help you decrease the impact of burdensome debt. We will listen to you, analyze your financial position, and help determine whether filing bankruptcy is right for you.
Bankruptcy is designed to give honest people and businesses a fresh start by eliminating certain debts or by enabling them to pay back their debts over a long period of time. We want to help reduce your debt and protect your assets.
In this COVID-19 economy, many people are struggling with overwhelming debt from unpaid bills, credit cards, mortgage payments, job loss, and wage garnishment. The harassing calls from creditors and collection agencies may seem never-ending. Your business may have failed, not been able to reopen or been prevented from being open by one of the Governor’s Executive Order such as Executive Order No 20-72, which halted non-essential Elective Medical Procedures, Executive Order No 20-68 impacting bars and restaurants, or Executive Order 20-71 closing gyms and fitness centers. There may be many different reasons you are in this challenging financial situation and you are looking for a solution, a way out. Let us help.
If you decide to file for bankruptcy, you can take advantage of our low fees. In addition, if you file for a Chapter 13 Bankruptcy (described below), we will typically defer a portion of your fee and include it in your reorganization plan payments.
St. Johns Law Group can help alleviate your stress and the harassing calls from creditors and collections agencies. After filing for bankruptcy, the filer comes under the protection of the Bankruptcy Court, and mostcreditors must stop collection activities.
Chapter 7 is available to both individuals and businesses. A bankruptcy filing under Chapter 7 of the Bankruptcy Code is often referred to as “liquidation.” This is because the filer’s non-exempt assets are converted to cash and used to pay creditors. Subsequently, the filer receives a discharge, even if certain creditors are not fully paid. The assets that are exempt from this process include a home,vehicles, retirement plans, certain personal property, and other property interests. In over 90 % of Chapter 7 filings by individuals, no property is ever “liquidated.” There are limitations on discharges and on exempt property, and usually mortgages, other types of liens, and student loans will survive the process. Chapter 7 can eliminate medical bills, credit card debt, business debts, and other dischargeable unsecured debts.
A bankruptcy filing under Chapter 13 is often referred to as “reorganization.” The filer will usually keep all of his or her property and will pay back debts in monthly payments according to a plan. The payment period is three to five years. At the end of the payment period, the filer receives a discharge of certain remaining debts. There are limitations on discharges, and other conditionsapply in a Chapter 13 Bankruptcy. Chapter 13 is available to individuals and to businesses that operate as a sole proprietorship.
Chapter 11 Bankruptcy is also a reorganization form of bankruptcy. It is available to corporations, limited liability companies, partnerships, and individuals. It is mostly used by businesses that need to decrease the impact of their debts so that they can operate more efficiently going forward. Individuals use Chapter 11 when they do not meet the debt limits imposed by Chapter 13 ($360,475 of unsecured debt and $1,081,400 of secured debt). When a business files for Chapter 11, its management is usually left intact and continues to operate the business during and after the bankruptcy. The general goal of a Chapter 11 Bankruptcy is to put forward a plan of reorganization that will be approved by creditors, or if necessary, to put forth a plan that will be approved by certain creditors and that can be “crammed down” on the other creditors. Chapter 11 is the most flexible of the available bankruptcy chapters, but it is also the most complex. Whether you represent a business or are an individual, the attorneys at St. Johns Law Group are available for a free consultation to help you decrease the impact of burdensome debt.
At St. Johns Law Group, we are always ready to discuss with our clients the many details of bankruptcy. Call us today and speak directly with a bankruptcy attorney for your personalized and confidential consultation at (904) 495-0400; or send us an e-mail from our contacts page. We look forward to working for you on your path to financial recovery.
We help people file for bankruptcy relief under the Bankruptcy Code.