Filing for bankruptcy is your right under the U.S. Constitution. Article I Section 8 of the Constitution enables the federal government to enact bankruptcy laws for the entire country. The framers felt that the ability to declare bankruptcy and receive a discharge from your debts was so vital and unique that those rights merited inclusion in our founding document.
Today, bankruptcy is governed by federal law and state regulations that allow those who have burdensome debt to discharge it.
Here at Angiuli & Gentile, LLP, we have experience in corporate, consumer and personal bankruptcy representation. We will guide you from initial intake to the final discharge of your debts. Our attorneys will explore all options open to you and craft a plan specifically tailored to your unique needs.
Your Rights Under The Law
People filing for bankruptcy primarily file under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code. These two options are available to debtors of different financial positions. Businesses typically file under Chapter 7 or Chapter 13.
A Chapter 7 bankruptcy, or liquidation, is the ideal solution for those who wish to start anew. Sometimes referred to as a "no asset" bankruptcy, this option is perfect for those with limited means who are burdened by large amounts of unsecured debt (i.e. credit card debt). The discharge allows a person with limited assets and income to start fresh.
Chapter 13 bankruptcy, or reorganization, is the ideal solution for the debtor who has both income and assets. A Chapter 13 allows you to create a payment plan which allows you to reduce or eliminate your payments on all debts, including mortgages and car loans.
Businesses, like consumers, can file for liquidation under Chapter 7 in which the business basically "closes the doors" and allows all the remaining creditors to be paid from the remaining assets. Businesses also can file for Chapter 11, which allows for a reorganization of debt while allowing a company to stay in business and formulate a plan to pay off creditors and remain a viable business.
At Angiuli & Gentile, LLP, we are committed to you and live by our firm's mission statement: We'll take it from here. In the bankruptcy department especially, we strive to guide you through one of the most difficult times in your personal or professional life toward your opportunity to have a fresh start.
Contact us online or call 347-201-4447 to schedule a consultation with our Staten Island bankruptcy attorneys.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.