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John M. Crane, P.C. is a full-service law office with a practice focused on consumer bankruptcy. Chapter 7, Chapter 13 will be handled professionally by experienced bankruptcy attorneys in White Plains, Manhattan, and NYC.
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Practice Areas • Bankruptcy • Foreclosure Defense • Loan Modification
What is Bankruptcy? • Bankruptcy is a means for good people in bad situa- tions to legally get a fresh start. • There are certain require- ments, but generally, any one meeting those requir- ements has a legal right to file bankruptcy.
Process For Filing Bankruptcy • The purpose of the questionnaire is for the attorney to determine whether or not bankruptcy is right for you. If bankruptcy is determined to be your best option, the attorney will have to decide under which Chapter you will file.
Chapter 7 Bankruptcy • In a Chapter 7 proceeding, a trustee appointed by the bankruptcy court will take custody of and sell off any of your non-exempt assets. • The money received from this sale will be used to pay your creditors. Your debts are then discharged. This means that creditors are forever prohibited to try and collect on these discharged debts in the future. This means that after the discharge, you will continue to be liable for these debts.
Chapter 11 Bankruptcy • An individual cannot file under chapter 11 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens.
Chapter 13 Bankruptcy • A Chapter 13 Bankruptcy is designed primarily for residential homeowners, and allows a person or married couple to pay off all, or a portion, of their debts under the super- vision and the protection of the U.S. Bankruptcy Court while remaining in their home.
Foreclosure Defense • A foreclosure is a legal proceeding that is started by a lender after a home owner has failed to pay his/her mortgage
Loan Modification • A loan modification is a permanent change in one or more terms of a borrower's home loan, allows the loan to be reinstated, and results in a payment the homeowner can afford.