Bankruptcy Lawyers in Riverside and San Bernardino Counties Representing Debtors, Creditors, Trustees and Interested Parties in Chapter 7, 11, 12 & 13 Filings with Attorneys Serving Southern California
Bankruptcy is a legal tool that should be considered when you are faced with debt that you cannot pay. Illness, divorce, foreclosure, and job loss. Almost everyone will experience one of these problems at some point during their lifetime, or even several at once. If you are considering filing for bankruptcy, the attorneys at Talkov Law can stop most collection actions, including telephone calls, wage garnishments, and lawsuits (with some exceptions). Bankruptcy also eliminates many types of debt, including credit card balances, medical bills, personal loans, and more. While sometimes we are able to develop workout plans with creditors that do not require bankruptcy, we are also able to provide relief under the Bankruptcy Code. Even further, we are experienced in negotiating fair resolutions with the trustee on behalf of creditors, debtors and interested parties when these issues arise. To the extent a fair resolution cannot be reached, we are ready and able to bring the matter forward to the court to obtain a judicial resolution. Just understand that some debts are not dischargeable. For example, most tax debts, child support, and spousal support cannot be discharged.
Representing All Parties in Bankruptcy Disputes
Often times, Talkov Law is involved after a debtor has filed for bankruptcy protection. In those situations, we often represent:
- Creditors in Bankruptcy and Adversary Proceedings
- Interested Parties in Bankruptcy and Adversary Proceedings, including co-owners of property, ex-spouses of a debtor, family members of a debtor, business partners of a debtor and others who may become involved in a bankruptcy
- Debtors in Bankruptcy and Adversary Proceedings involving creditors, ex-spouses, family members, Chapter 7 Trustees, Chapter 13 Trustees, Chapter 11 Trustees, and the United States Trustee (U.S. Trustee)
- Chapter 7 Trustees to locate and liquidate assets to maximize the value of the Estate for the benefit of creditors
Expertise in Bankruptcy Adversaries and Contested Matters
Depending on your goals, the representation we provide in bankruptcy involves nondischargeability adversaries under Section 523(a) of the Bankruptcy Code, including claims that debts are:
- For money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud under 11 U.S.C. § 523(a)(2)(A);
- For fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny under 11 U.S.C. § 523(a)(4);
- For a domestic support obligation under 11 U.S.C. § 523(a)(5);
- For willful and malicious injury by the debtor to another entity or to the property of another entity under 11 U.S.C. § 523(a)(6);
- Owed to a spouse, former spouse, or child of the debtor not deemed a domestic support obligation incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit, such as a property division, under 11 U.S.C. § 523(a)(15).
Even further, we often represent creditors, trustees, debtors and interested parties in litigation involving claims relating to:
- Whether real or personal property is property of the bankruptcy estate, meaning it was property of the debtor or community property on the petition date, 11 U.S.C. § 541;
- Demands to turnover property to the estate to the trustee or debtor-in-possession under 11 U.S.C. §§ 542 and 543;
- The strong-arm powers of a trustee to avoid certain transfers under 11 U.S.C. § 544;
- Preferences, also known as preferential transfers, made in the 90 days before the petition date, or up to one year before the petition date for insiders, under 11 U.S.C. § 547;
- Fraudulent transfers and obligations in the two years before the petition date under 11 U.S.C. § 548;
- Fraudulent transfers in the four years before the petition date subject to California’s Uniform Voidable Transactions Act (UVTA), formerly known as California’s Uniform Fraudulent Transfer Act (UFTA), under California Code § 3439 et seq., which can made applicable by 11 U.S.C. § 544(a)(3);
- Compelling abandonment of property of the estate under 11 U.S.C. §?554.
- Filing and objecting to claims under 11 U.S.C. §§ 501 and 502.
- Objections to discharge under 11 U.S.C. § 727.
We also represent parties in contested matters, such as:
- Motions to dismiss or convert under 11 U.S.C. § 707.
- Relief from the automatic stay under 11 U.S.C. § 362.
Experience in Bankruptcy Liquidation and Reorganizations
The bankruptcy lawyers at Talkov Law have experience in:
- Chapter 7 liquidations for individuals and corporate entities, which is commonly used when an individual has minimal assets.
- Chapter 11 reorganizations for individuals and corporations
- Chapter 12 family farmer reorganizations
- Chapter 13 individual reorganizations, which is commonly used to cure mortgage arrears and for other purposes allowed by the Bankruptcy Code.
Involuntary Bankruptcy Proceedings
Talkov Law is particularly skilled in filing involuntary bankruptcies against persons and entities with assets or income that refuse to pay their undisputed debts. The requirements under 11 U.S.C. § 303 are strict, and the ramifications of filing an involuntary bankruptcy are serious. It is important for creditors to consider their options by consulting with an attorney who has successfully filed multiple involuntary bankruptcy petitions that have cause clients to be paid substantially or in full. Purported debtors faced with an involuntary petition should also consult with an experienced bankruptcy litigator to consider the numerous options available, including potential dismissal of the petition and negotiations with creditors.
Skilled in Negotiation with Chapter 7 Trustees
When creditors, debtors and interested parties have disputes in Chapter 7 bankruptcy, they often involve negotiation and litigation with the Chapter 7 Trustee. Our familiarity with Chapter 7 trustees allows us to develop appropriate strategies to resolving disputes in bankruptcy. We understand the incentives of a chapter 7 trustee in the Inland Empire and Southern California. We have represented, litigated against, negotiated with and served on the Board of the Inland Empire Bankruptcy Forum with Chapter 7 trustees, including:
- Karl T. Anderson
- Wesley H. Avery
- Lynda T. Bui
- Arturo M. Cisneros
- Charles W. Daff
- Todd A. Frealy
- Howard B. Grobstein
- Richard A. Marshack
- John P. Pringle
- Larry D. Simons
- Steven M. Speier
- Robert S. Whitmore
Providing a Fresh Start to Debtors
For debtors, we are able to assist in using bankruptcy to:
- Stop harassing creditors
- Stop foreclosures
- Stop lawsuits
- Stop repossessions
- Eliminate judgments
- Lower interest rates
- Lower payments
- Stop IRS levies
- Stop wage garnishments
- Strip second mortgages
Consult a Trusted Bankruptcy Attorney in the Inland Empire
Talkov Law is considered a debt relief agency since we are able to assist people and companies in filing for bankruptcy relief under the Bankruptcy Code.
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