Bankruptcy

Foreclosure.  Debt Collectors and Suits.  Unreasonable Banks and Creditors.  Too Much Debt.

We assist clients facing tough financial decisions through our bankruptcy practice.

In today’s modern, globalized and fast-paced economy, the “average” person or family is often forgotten.  Whether as a result of downsizing, economic downturn, out-sourcing, personal injury, divorce or illness, many people have seen their work hours cut, wages reduced, lost their jobs altogether, or experienced other significant reductions in household income.  As a consequence, financially functioning households are now substantially over-extended and struggling to maintain the income necessary to make payments on mortgages, vehicles, student loans, credit cards, and other debts.

For most people, consideration of filing bankruptcy is a last resort to the unending burden of missed mortgage and vehicle payments and the unceasing barrage of collection calls at home and work.  For some bankruptcy is the answer, for others it may not achieve the result desired.  Thus, it is always advisable to consult with a reputable attorney to discuss your particular situation.

Individuals:

There are generally four primary types of bankruptcy available to individuals, each with different qualifications:

  • “Chapter 7” bankruptcy is generally available to all who meet the “Means Test” criteria
  • “Chapter 13” is generally available to individuals with regular income who do not qualify for Chapter 7 and meet certain debt limits, or who need assistance in “curing” defaults in mortgage or vehicle loan payments
  • “Chapter 12” is generally limited to family farmers and fishermen
  • “Chapter 11” is generally available to all who are not suited to file under any other chapter

Businesses:

For businesses there are primarily two bankruptcy chapters available:

  • “Chapter 7”, which results in the closing and liquidation of the business
  • “Chapter 11” for reorganization

Bankruptcy services at Young, Morphis, Bach & Taylor, LLP are provided by attorney Jimmy Summerlin. Mr. Summerlin provides free initial consultations to review each client’s specific situation. To schedule an appointment with Mr. Summerlin you may call his office at 828-322-4663 or email him at jimmys@hickorylaw.com.

Print Friendly, PDF & Email