Bankruptcy, Restructuring, and Distressed Workouts & Insolvency
Freeman Law provides trusted legal counsel in bankruptcy and insolvency matters, including representation in distressed transactions and litigation. Our attorneys employ creative legal strategies to assist financially-troubled corporations and other businesses, as well as creditors, trustees, landlords, equity holders, and distressed asset investors.
The firm’s skilled attorneys offer problem-solving solutions to complex insolvencies, including domestic and cross-border bankruptcies. Our Bankruptcy and Restructuring Practice provides experienced counsel to navigate financial restructurings in Chapter 11, workouts in and out of court, liquidations, insolvency, and distressed acquisitions and dispositions.
Our attorneys offer unique cross-disciplinary expertise in taxation, litigation, and forensic accounting and asset tracing, positioning the firm to handle complex, bankruptcy litigation on behalf of debtors, creditors and trustees, as well as bankruptcy taxation matters. The firm assists with all aspects of bankruptcy and insolvency matters, including:
- Creditor’s rights
- Commercial disputes and complex litigation
- Asset sales
- Distressed acquisitions and dispositions
- Debtor-in-possession financing
- Debt restructuring
- Bankruptcy litigation, including non-dischargeability adversary proceedings
- Corporate governance
- Fiduciary duties
- Bankruptcy taxation
Q: Should I Get a Lawyer for Bankruptcies?
Q: When You File Bankruptcy Do You Have to Go to Court?
Q: Who is Responsible to Send a Notice to All the Creditors About Bankruptcy Filing?
Q: What is the Minimum Debt to File Bankruptcy?
Q: What is the Downside of Filing for Bankruptcy?
A: A bankruptcy filing can make it difficult to get another loan or mortgage for many years. Loss of property and real estate. Sometimes not all personal property and real estate will fit under an exemption. This means the bankruptcy court could seize some of your property and sell it to pay your creditors.
Q: At What Point Should you Consider Bankruptcy?
Q: Debts Never Discharged in Bankruptcy
A: While the goal of both Chapter 7 and Chapter 13 bankruptcy is to put your debts behind you so you can move on with your life, not all debts are eligible for discharge.
The U.S. Bankruptcy Code lists 19 different categories of debts that cannot be discharged in Chapter 7, Chapter 13, or Chapter 12 (a more specialized form of bankruptcy for family farms and fisheries).1
While the specifics vary somewhat among the different chapters, the most common examples of nondischargeable debts are:
- Alimony and child support.
- Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years.
- Debts for willful and malicious injury to another person or property. "Willful and malicious" here means deliberate and without just cause. In Chapter 13 bankruptcy, this applies only to injury to persons; debts for property damage may be discharged.
- Debts for death or personal injury caused by the debtor's operation of a motor vehicle while intoxicated from alcohol or other substances.
- Debts you failed to list in your bankruptcy filing.
Q: Can you go to jail for declaring bankruptcy?
Q: Why you should never file bankruptcy?
Q: What is a notice of bankruptcy stay?
- Criminal Matters.
- Collection of Child or Spousal Support.
- Family Court.