Our Chapter 7 Bankruptcy Attorneys are here to help | Serving Benton Arkansas and surrounding areas.
Chapter 7 is the most common form of bankruptcy. Upon filing the petition for Chapter 7 bankruptcy, an automatic stay is issued. An automatic stay is an order by a judge prohibiting creditors from collecting any debts owed by you.

The automatic stay stops garnishments, foreclosures, lawsuits, and much more.

Most people are afraid they will lose their property if they file bankruptcy. This is not always the case. The Lancaster Law Firm can help you keep your property.

The bankruptcy code can protect much, if not all, of your property from being sold by “exempting” the property. You have the option of applying either federal exemptions or state exemptions. This is where it is very important to consult an attorney at The Lancaster Law Firm.

Exemption amounts are different, and which exemptions you should use depends upon the value of your property. Which exemptions should be used in your bankruptcy petition is crucial to protecting you and your property.

If you are having problems with debt collectors, we can help you get relief by filing Chapter 7 bankruptcy. The Lancaster Law Firm’s experienced bankruptcy attorneys are ready, willing, and able to help you get the relief you need. Call us today for a consultation to see if you are eligible to file Chapter 7 bankruptcy.

Our Chapter 11 Bankruptcy Attorneys are here to help | Serving Benton, Arkansas and surrounding areas.
Chapter 11 bankruptcy is intended primarily for the reorganization of businesses with heavy debt burdens. It is most often associated with corporations and small businesses. In some rare instances, an individual may file for Chapter 11 protection.

Chapter 11 is meant to provide the debtor a temporary reprieve from its creditors, called an “automatic stay.” During this reprieve, the debtor is required to provide adequate protection of the creditor’s secured property. During the automatic stay, the creditors can take no further garnishment, collection, or foreclosure action. All lawsuits filed against debtor are stalled and go dormant.

During the automatic stay, Chapter 11 protection allows the debtor to propose a plan for its ability to remain profitable post-bankruptcy. The debtor may have to cut costs, seek new sources of revenue, change business models, or sell subsidiaries while the bankruptcy court temporarily keeps creditors at bay.

While the plan is pending approval, the debtor is allowed to continue operating its business and engaging in business activities. However, the debtor has to file monthly operating reports to keep the court and creditors apprised of its activities.

If the debtor’s plan is accepted by the creditors, then the stay is lifted, the debtor begins paying his debts, and all previous garnishments, collections, foreclosures, and lawsuits are dismissed as the creditors are financially satisfied through the bankruptcy plan.

While Chapter 11 has certain advantages for those that qualify, including more time to file a plan and the opportunity to reorganize, it is more time-consuming and costly than other forms of bankruptcy. Nonetheless, Chapter 11 tends to be more debtor friendly than Chapters 7 or 13, especially in small business settings.

If you are thinking of filing for bankruptcy, we are here to help. Our attorneys and staff can get you the protection you need to save your business and protect your assets. We can also help you reorganize and attempt to gain court approval of your Chapter 11 plan. Call us today for a consultation.

Our Chapter 13 Bankruptcy Attorneys are here to help | Serving Benton Arkansas and surrounding areas.
A Chapter 13 bankruptcy is one in which you are able to keep non-exempt, secured property and repay all or part of the debt for that property. In a Chapter 13, a debtor proposes a plan to pay for certain debts in a three to five year period. A Chapter 13 filing stops all creditors from foreclosing on your home, repossessing your property, suing you for debts, and garnishing your wages. In fact, individuals will have no direct contact with creditors during the entire life of a Chapter 13 plan.

A Chapter 13 plan is designed to restructure and reorganize your debts into one affordable monthly payment. A Chapter 13 plan is similar to a consolidation loan in which non-exempt, secured debts are consolidated into one payment made to the Trustee, who then distributes payments to creditors.

Chapter 13 is only available to an individual. It offers individuals several advantages over a Chapter 7 filing. Perhaps most significantly, Chapter 13 offers individuals an opportunity to save their homes from foreclosure and cars from repossession. It can also save other secured property from repossession, such as furniture, appliances, ATVs, and boats.

Persons with unsecured debts, such as credit card debts (with limited exception), are personally relieved from having to pay for those debts. Finally, the debtor chooses whether to keep property or surrender it back to the creditor. Property kept by the debtor is repaid. However, property surrendered by the debtor is treated like unsecured property and the debtor does not have to pay for the surrendered property.

The decision about whether to file for bankruptcy is a hard one. The Lancaster Law Firm is here to help. We will answer all your questions about bankruptcy and tell you whether Chapter 7, 11, or 13 is right for you. Call us today to schedule a meeting with one of our attorneys.