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Atom Law Group's Bankruptcy Services
Atom Law Group is composed of a team of multilingual attorneys working collectively toward bringing solutions to your business and personal legal needs. The lawyers at our firm are committed and passionate professionals focused on providing our clients with quality, realistic, and honest solutions.
We apply this philosophy to all areas of practice, and through our practices, to all of our clients. This is especially true in the case of bankruptcy law. We are sensitive to the unique circumstances that this year’s pandemic has created, and are prepared to fight for the preservation of the financial future of all individuals and small businesses.
There are some basics to understand about Bankruptcy. First, Bankruptcy is a tool available to all individuals and businesses to seek protection from creditors. Bankruptcy does NOT have to mean you are giving up all of your assets or giving up your business. It could be a way to keep your assets or your business while still getting protection from creditors. Second, not everyone qualifies for the right to declare Bankruptcy. You have to petition the court for a chance to use this tool and the court decides if you are entitled to the protection. Atom Law Group will help you determine if you are in a position to ask for this assistance. If it looks like you are, then our firm will work to convince the court that you are entitled to protection and what the extent of that protection should be.
There are two sides to bankruptcy in court: the Creditor & the Debtor. On either side, there are generally two different types of parties: Individuals and Businesses.
Title 11 of the United States Code – the “Bankruptcy Code” – segments bankruptcy into several “Chapters” of bankruptcy law, the Principle Chapters of which include Chapter 7, Chapter 11, Chapter 12, Chapter 13, and Chapter 15.
A majority of bankruptcy cases, as you may see online or during TV commercials, fall into three main chapters: 7, 11 & 13. Below, these three are briefly outlined:
Chapter 7: Liquidation proceeding available to individuals & businesses, in which non-exempt assets of a Debtor are collected & liquidated, and the proceeds distributed to Creditors.
Chapter 11: Mostly for businesses but available to individuals, this chapter involves a reorganization of Debt under which the Debtor repays part or all of its Debt while continuing to operate.
Chapter 13: Primarily used by individuals, this chapter reorganizes Debt under a three to five year repayment plan. To qualify, the Debtor must have regular income and not more than a certain amount of Debt.
Not sure which is best for you and/or your business? Our attorneys have the best interest of you and your small business in mind, and would be happy to decide which route is best. For more information on each chapter, please click below, or give us a call at any time!
When To Consider Filing
If you are doing serious research and reading on personal bankruptcy options, it may be a sign that it’s time to consider filing for bankruptcy. We encourage you to not be deterred by the public’s less-than-preferred perception of bankruptcy. Engaging in the process of filing starts here – exploring the option and learning. As you continue, do so in the understanding that Atom Law Group, LLC, wants you to see how considering bankruptcy is a proactive and responsible choice. Here are three reasons for when you should seriously consider filing:
3 Reasons for Individuals
- Medical Debt: More than 60% of people filing for bankruptcy cite medical debt from serious or unforeseen medical issues as the cause, or one of the major causes, for filing bankruptcy. In most cases, this occurs even while the filer has health insurance. Our country’s healthcare system is imperfect, and until it improves, it will continue to play a significant role in the cause(s) of bankruptcy.
- Unemployment/Job Loss: Even during normal times, no one can prepare themselves for the loss of a job. In a pandemic, as we have come to see, the number of otherwise gainfully employed Americans filing for unemployment has skyrocketed. With no end in sight, if you find yourself unemployed, now is a great time to wipe the sleight clean.
- Divorce: According to some, financial issues are the second leading cause of divorce. In 2020, unfortunately, many more marriages may fall victim to financial uncertainty. If you’re a small business owner, drastic changes at home mean drastic changes at work, and to see it as your responsibility to protect both you and your business’s financial future is just good business.
3 Reasons for Businesses
- Recession: Not much needs to be said about how market conditions can lead business owners – especially small business owners – to consider filing for bankruptcy in the wake of the COVID-19 pandemic.
- Excessive Loans: Starting a business is not easy, and rarely is it free. Not every entrepreneur has the financial skills necessary to balance their books and design their business’s fiscal operations in ways that promote growth. Business loans may seem great at first, but can become massive burdens when things don’t go as planned (and they rarely do).
- Tax Issues: Especially with small businesses, the mismanagement of tax structures can take a big toll. Atom Law Group knows when and how to put up a legal buffer between small businesses and the IRS and state departments of revenue.
Overall, the goal is to start the process of resolving an issue that is years in the making, so don’t wait until it’s too late!
Why Choose Us?
Why choose Atom Law Group? Why choose any law firm when you need legal representation in filing for bankruptcy? Let us shoot it straight:
Small Business Owners
Atom Law Group, LLC, is itself a small business, but not just that. We’re a family. A family of knowledgable, experienced attorneys, resourceful paralegals, bright clerks, and diligent administrative staff. We are extremely protective of the nature of being a small business, and respect and value entrepreneurial spirit as much as any small business in the world.
We understand the ups and downs of being a small business, and we know how to legally protect your small business’s finances. You will notice the difference from the first time you call us.
Atom Law Group is comprised of individuals just like you. If you’re here, you’re the kind of individual that takes action when action is required. Good.
You may have questions about the process, and we’d be happy to answer them. You may have concerns, such as how filing for bankruptcy may affect your future, not only financially but socially. Don’t worry – the bankruptcy stigma will not follow you into our office. We hold in high esteem the kind of people that see bankruptcy as a logical solution, and not a sign of weakness.
Why not choose Atom Law Group? We’re ready to give you and your small business a different experience in the realm of bankruptcy law.
Often called, “Liquidation Bankruptcy,” Chapter 7 liquidates a debtor’s non-exempt assets by the Trustee to repay debts. In Chapter 7, the Debtor’s discharge doesn’t depend on the Trustee’s ability to liquidate non-exempt assets.
Also called, “Reorganization,” or, “Repayment,” bankruptcy, Chapter 11 is designated for individuals with debts that exceed Chapter 13’s statutory debt limits.
Combining elements of Chapter 7 & Chapter 11, this option is when Debtors either want to save a non-exempt asset that would otherwise be lost in Chapter 7, or have both disposable income and the ability to pay their debts. Chapter 13 get nuanced in type of debt (secured vs unsecured) and statutory considerations.
Empowering You To Choose the Best Path Forward
Navigating Bankruptcy laws can be tricky, and businesses are often not equipped to handle such matters, whether on the debtor or creditor side. Let us help you protect what belongs to you and your business through the rights afforded by law.
Request a free initial consultation to understand and evaluate all your of your immigration options